IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.19927 of 2011 RAM NIWAS SHARMA, S/O LATE PALAK SINGH, R/O VILLAGE – KANDAUL, P.S. HULASGANJ, DISTRICT- JEHANABAD. - Petitioner Versus THE STATE OF BIHAR - Opposite Party 3 13.07.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this case being dealer whose name appears disclosed by co-accused in his extra judicial confession as a person from whom he got kerosene oil to sell in open market. Immediately after said disclosure papers in the shop of petitioner was examined and 12.5 litres of kerosene oil was found in excess on the basis thereof suspicion has been raised that on getting information of disclosure of his name or apprehension of his arrest, in haste he made an attempt to complete the paper causing such excess. Except such suspicion there appears nothing against the petitioner. Considering the facts and circumstances, the petitioner, in the event of arrest or surrender within four 2 weeks of communication of the order, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in Hulasganj P.S. Case no. 34 of 2011, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below on each and every date for two years or till disposal of the case, whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. AAhmad ( Akhilesh Chandra, J.)