IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24695 of 2010 SHAILENDRA PATHAK @ SAILENDRA KUMAR PATHAK, SON OF SRI BASISTH NARAIN PATHAK, RESIDENT OF MOHALLA BUDHIJIVI COLONY, P.S. – BEUR, DISTRICT – PATNA. ----- PETITIONER. Versus THE STATE OF BIHAR --- OPPOSITE PARTY. ------- 04. 16.11.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary up to paragraph 52 dated 28.05.2010. Petitioner is solitary named accused in this case, but only on disclosure of one Mohan Prasad, owner of the shop in question from where some medicines were recovered, who at the time of raid disclosed that petitioner is his tenant for the shop and also received papers who are so called tenant, the papers, however, indicate that he has received copy of the seizure list for his tenant Laxhman Choudhary (non-petitioner). Learned Additional Public Prosecutor fairly concedes that in the case diary, there is absolutely nothing to show that petitioner was tenant of the premises. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this - 2 - order, petitioner, namely, Shailendra Pathak alias Sailendra Kumar Pathak, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Pirbahore P.S. Case No. 515 of 2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)