IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15755 of 2011 Prakash Pandey @ Prakash Kumar Pandey, S/o Sri Kaushal Kishore Pandey, resident of Village Pachrukhiya, P.S. Koilwar, District Bhojpur. -------Petitioner Versus The State Of Bihar -----Opposite Party ---------------- 03/- 23.09.2011 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary up to paragraph nos. 75 dated 30.03.2011. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 420, 406, 323, 504/34 of the Indian Penal Code, is one of the two named accused in this case with allegation of issuing a receipt of receiving substantial amount but by co-accused, who as submitted, has already been granted the privilege by a Bench of this Court vide order dated 19.05.2011 passed in Cr. Misc. No. 15647 of 2011. That apart, submission is that from the very paragraph of the First Information Report itself, it is evident that whatever money was paid, was paid to co-accused Surendra Sharma, not to this petitioner and subsequent document said to have been executed by the father of the petitioner regarding a sum of Rs. 5.20 lacs (five lacs twenty thousand only) is as evident related with another transaction. 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, Bhojpur, Ara, in connection with Koilwar P.S. Case No. 34 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case and 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.)