IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39354 of 2011 Mitul Kumar Singh, Son of Akhileshwar Prasad Singh, R/o Village Banahi, P.S. Mali, District Aurangabad. At present resident of Club Road, Aurangabad, District Aurangabad. -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- 02/- 30/11/2011 Supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 406 & 420 of the Indian Penal Code. This is second attempt on behalf of the petitioner, whose earlier prayer was refused vide order dated 28/07/2011 passed in Cr. Misc. No. 20178 of 2011. Submission is that majority of the defects pointed out during construction of the building has been rectified in the light of directions issued earlier by the authorities and though a few still remains pending, but as per proposal of the authorities monetary deductions may be made in the terms of the contract agree into. Considering the facts and circumstances of the case, 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 Chief Judicial Magistrate, Aurangabad, in connection with Deo P.S. Case No. 21 of 2011, 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 till disposal of the case, 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.)