IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15264 of 2010 BIRENDRA SINGH, Son of Late Pradeep Singh, R/O Village Dariyapur, Kafen, P.S. Kurhani, District Muzzafarpur. …….Petitioner Versus THE STATE OF BIHAR ….Opposite Party ----------- O3. 26.08.2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner is named accused in this case since beginning and appears to be a person around whom the entire occurrence took place where in one person had to lose his life and properties worth several lacs was burnt to ashes. Three cases appear to have been instituted almost for same occurrence they are, Kurhni P.S. Case No. 144 of 2006 and 146 of 2006, where in petitioner is named accused, and carries some specific allegation but not so serious, in earlier instituted cases in between the two at the instance of the petitioner Kurhni P.S. Case No. 145 of 2006 has also been instituted and it appears from going through the First Information Reports of all the three cases that almost consistent statement about the occurrence has been stated 2 except a few variation with respect to the roles played by the petitioner or a few members of prosecution side. Learned Additional Public Prosecutor could not point out as to how and why, the petitioner could not be apprehended, especially when cases were instituted against him and he was all along present and got his fardbeyan also recorded. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Birendra Singh, is directed to be released 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, Muzaffarpur in connection Kurhani P.S. Case No. 146 of 2006, 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 on each and every date at least for three years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra,J.)