1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39981 of 2010 Sunil Kumar Singh S/o Dadhiwal Singh, R/o Village- Ekhlaspur, P.S. Bhabhua, Distt- Kaimur. --Petitioner Versus 1. The State Of Bihar 2. Hewanti Kumar D/o Sukhraj Ram, R/o Village- Sikathi, P.S. Bhabhua, Distt-Kaimur. --Opp.Party 14 14.12.2011 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this nine years old case. Submission is of false implication and non-involvement in any way in the occurrence at the relevant time, the petitioner is said to have been present on different place in connection with his service (Military). Further, submission is that though Police submitted charge sheet against remaining two co-accused but investigation was kept pending and finally final form was submitted but taking different view cognizance has been taken in this case which also squarely covered by the decision of Apex Court in the case of Jorgia Pentiah Vrs. State of A.P.; reported in 2009 (1) B.C.C.R 153 (S.C.). While objecting the prayer it is pointed out that out of other two co-accused one Anil Kumar Singh faced trial and was convicted for the offences under Sections 323 and 341 of the Indian Penal Code and sentenced for six months. Considering the facts and circumstances, the petitioner, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri K.K. Choudhary, Judicial Magistrate, first class, Kaimur (Bhabua) in Bhabua P.S. Case no. 382 of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner shall remain present 2 before the court below till disposal of the case. In case of failure to remain present on six consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad/ ( Akhilesh Chandra, J.)