IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43843 of 2009 Kamlesh Rawani, son of Moti Rawani, resident of Village- Keshari, Police Station-Dhangai, District- Bhojpur, Arrah. ……..Petitioner. Versus The State of Bihar ……………………………Opposite Party. ----------- 2. 16.12.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Jagdishpur P.S. Case No. 1 of 1988 (Sessions Trial No. 335 of 1989) registered under Sections 392 and 398 of the Indian Penal Code. It is submitted on behalf of the petitioner that the case was committed to the Court of Sessions on 16. 12. 2008 and 18. 05. 1989 and thereafter, a compromise petition was filed on 18. 11. 1989, but the records of the case got misplaced. It is contended that petitioner was under the impression that the matter has been closed by reason of filing of the compromise petition. Learned counsel submits that under such impression, petitioner had gone to Punjab for his livelihood as labour. In the meanwhile, records of the case were traced out and thereafter, summons and warrants were issued against him. On gathering knowledge about the fact the petitioner has surrendered on 06. 06. 2009. It is contended that the petitioner has no criminal history and he never misused of privilege of bail rather due to confusion occurring by the reasons of misplacement of record, that the present situation has arisen. It was submitted that the petitioner shall be - 2 - careful and would abide by the conditions set out by this Court. Having regard to the facts and circumstances, let the petitioner, namely, Kamlesh Rawani, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. District & Sessions Judge (F.T.C . II),Bhojpur at Ara, in connection with Sessions Trial No. 335 of 1989 (arising out of Jagdishpur P.S. Case No. 1 of 1988, subject to the conditions that the petitioner would be attending the court on every date unless a reasonable explanation to that effect is given to the satisfaction of the trial court. It would be open to the court below to take him in custody in case the petitioner defaults on two consecutive dates and does not cooperate with the trial without reasonable explanation. m.p. (Jyoti Saran, J.)