IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8798 of 2010 MD.ANAMUL S/O LATE MD.HANIF R/O MOH.- HARIGANJ, KATIHAR, P.S.- KATIHAR ( M ), DISTT.- KATIHAR …….Petitioner Versus THE STATE OF BIHAR ………..Opposite Party --------- 4. 30.06.2010 Heard learned counsel for the petitioner and learned A.P.P for the State. Petitioner is one of the three named accused in this case and as stated after investigation charge sheet was submitted only against the petitioner. This is an unfortunate case of about 24 years age and traveling from pillar to post for appearance/apprehension of the petitioner against whom non bailable warrant of arrest was earlier issued sometime before in the year 1990, giving rise to filing of Cr. Misc. No. 1092 of 1990 before this court, which was disposed of vide order dated 22.10.1990. Setting-aside the order of issuing non-bailable warrant of arrest and further observation that “it would be open to the learned Magistrate to summon the petitioner, so that the learned Magistrate may pass the order of commitment and in case the petitioner fails to appear pursuant to the service of summons, - 2 - then only warrant of arrest can be issued against him”. It is further unfortunate that on receipt of copy of earlier order, the court below though recalled the warrant and process issued against the petitioner, but, failed to issue summons and after expecting for sometime that good senses may prevail upon the petitioner and he may appear suo motu in the court below but in vain, so again issued warrant and following requisits. In the ordinary course, the conduct of the petitioner disentitles him to the relief sought, but since it is unfortunate on the part of the Judiciary that order of this court could not perhaps properly read and understood causing long traveling of this case. Taking into consideration all such aspects, in the event of his arrest/surrender before the court below after three weeks of receipt of the copy of this order, petitioner, namely, Md. Anamul, 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 Judicial - 3 - Magistrate, 1st Class, in connection with Katihar(Town) P.S. Case No. 705 of 1986, G.R. No. 2245 of 1996, subject to the condition laid down under Section 438(2) of the Cr.P.C. with additional condition to attend the court below on each and every date at least for one year or till conclusion of the trial whichever is earlier, in case of even one single failure, the liberty shall be deemed to be cancelled. Simultaneously court’s concerned are directed to proceed expeditiously with the proceedings and preferably conclude as early as possible, even at the risk of proceeding on day to day basis. Praveen (Akhilesh Chandra,J.)