IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23174 of 2009 BIRBAHADUR RAI, son of Bhikari Rai, resident of Village Gadiyani Bhangaha, P.S. Bhangaha, District West Champaran ------Petitioner Versus STATE OF BIHAR ----------- 2. 21.8.2009 Heard the learned counsel for the petitioner and the State. The offence alleged against the petitioner is under section 364A of the Indian Penal Code. It is submitted that the petitioner was on bail and continued to make Parivi in the case since 1996 to 2005. However, finding no progress in the case, the petitioner had to leave for another State to earn his livelihood, entrusting the case to his Pairvikar. However, the Pairvikar did not make proper Pairvi, with the result that the bail bond of the petitioner was cancelled and later the petitioner was arrested although he was prepared to surrender about learning that warrant of arrest has been issued. It is submitted that the petitioner did not deliberately appear on the dates. However, on account of earning his livelihood he had to go outside. It is further submitted that the petitioner undertakes to remain present on each and every date in person save and except for any cogent reason. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions 2 Judge, Fast Track Court-V, West Champaran, Bettiah, in connection with Sessions Trial No.112 of 1996 arising out of Shikarpur P.S. Case No.90 of 1994. PNM (Shailesh Kumar Sinha, J.)