IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22757 of 2011 Sanjay Upadhaya, Son of Vishwanath Upadhaya, R/o Village Kahirahi, P.S. Natwar, District Rohtas. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------------- 03/- 07/12/2011 Heard Mr. Jai Prakash Singh, learned counsel for the petitioner and Mr. Damodar Pd. Tiwary, learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 89 dated 08/03/2011. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 324, 307/34 of the Indian Penal Code and 27 of the Arms Act, is not named in this case in spite of reference made in the First Information Report. Submission is that under almost similarly situated circumstance, co-accused Vikash Singh has already been granted the privilege by this Court vide order dated 10/08/2011 passed in Cr. Misc. No. 15787 of 2011. In view of the above, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged 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 Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas, in connection with Natwar P.S. Case No. 27 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure 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 and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)