IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26314 of 2011 Ashok Kumar Shrivastava, Son of Sri Sambhu Prasad Srivastava, resident of Village Gulabbagh, P.S. Kotwali, District Gaya. -------Petitioner Versus 1.The State Of Bihar. 2.Rambilash Prasad, Son of Late Shyam Sao, resident of Mohalla New Godown Lane, P.O. New Godown, P.S. Kotwali, District Gaya. -----Opposite Parties ------------------ 03/- 21/11/2011 Heard Mr. Ajay Kumar Sinha learned counsel for the petitioner and Mrs. Gul Nar Begum learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 14 dated 12/10/2009. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 420 of the Indian Penal Code, is one of the named accused in this case. Submission is that under almost similarly situated circumstance, co-accused, namely, Manish Kumar, who is non- else than son of the petitioner has already granted the privilege by this Court vide order dated 04.11.2011 passed in Cr. Misc. No. 24224 of 2011. 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, Gaya, in connection with Kotwali P.S. Case No. 262 of 2009, 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.)