IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35259 of 2008 M/S NATIONAL SMALL INDUSTRIES CORPORATION LIMITED. …PETITIONER Versus 1. AVINASH KUMAR 2. THE STATE OF BIHAR …OPPOSITE PARTIES ----------- 03. 30.09.2010 Petitioner seeks cancellation of anticipatory bail granted in favour of o.p.no.1 by learned Sessions Judge, Patna in A.B.P.No.1417/2008. It is contended that the instalment as fixed under the impugned order, being one of the conditions for grant of bail, has been breached by o.p.no.1. It is the stand of the petitioner before this Court that pursuant to his release from jail custody, o.p.no.1 has defaulted in making regular payment of instalments, as directed under the impugned order. It is, therefore, submitted that the order granting bail be cancelled. This Court finds from the order impugned as under: “In that event, petitioners shall be enlarged on bail, on their furnishing bail bonds of Rs.10, 000/- with two sureties of the like amount each. They are further directed to pay the remaining amount to the complainant in further instalments of Rs.10,000/- each. Failure on their part will be a ground for cancellation of their bail. In alternative, petitioners may surrender in the court below with the Demand Drafts of Rs.10,000/- each in complainant’s favour.” It is thus seen from the order impugned that learned Sessions Judge while granting anticipatory bail has fairly 2 observed that failure on their part will be a ground for cancellation of their bail. In that view of the matter, this Court disposes of this application granting liberty to the petitioner to approach the court of learned Sessions Judge, Patna for cancellation of bail for stated reasons. hr ( Kishore K. Mandal )