IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18073 of 2011 Baban Prasad Singh Versus The State Of Bihar ---------- 04. 25.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Lalganj P.S. Case No. 248/2010, pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur, is named accused in this case with allegation of committing huge defalcation and in spite of repeated directions did not hand over the charge of different papers mentioned in the petition much after the deadline case was instituted. Submission is that following day of the deadline on 05.05.2010 vide annexure – 2, petitioner has already submitted charge of all relevant papers lying with him, but ignoring the same, the case has been instituted without any reference/verification. Learned Additional Public Prosecutor in spite of having carbon copy of the case diary up to paragraph 27 dated 25.03.2011 failed to show anything about annexure – 2. Investigation is still going on. 2 Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, till conclusion of investigation/submission of charge sheet, let the petitioner, namely, Baban Prasad Singh, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 248/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to remain physically present before the court below till submission of charge sheet, on the dates fixed and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)