1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26315 of 2011 Firdaus Alam S/o Md. Zafruddin R/o Mohalla-Ghughritand, By Pass, P.S. Civil Lines, District-Gaya. --Petitioner Versus The State Of Bihar --Opp.Party 3 23.09.2011 Heard learned counsel for the Petitioner and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this case being owner of a vehicle of whose driver was brother of the informant. Vehicle in question along with the driver is missing. Both the sides have instituted two cases relating to missing of driver and vehicle, both alleging suspicions against each other. Submission is that vehicle was found abandoned by Hoogly Police and seized on 17.4.2011 by the Police and ultimately was released in favour of the petitioner, being owner of the same. He has committed no wrong nor, during investigation till today, any 2 involvement of the petitioner came into light. Learned Additional Public Prosecutor, who is armed with the case diary of both the cases, i.e. Civil Lines P.S. Case no. 146 and 184, both of 2011, could not refute the assertion except that the investigation is at initial stage. Considering the facts and circumstances, till conclusion of investigation / submission of charge sheet, the petitioner, in the event of arrest or surrender within four weeks from today, 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 Chief Judicial Magistrate, Gaya, in Civil Lines P.S. Case no. 146 of 2011, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below on each and every date till conclusion of investigation / submission of charge sheet, or till disposal of the case, whichever is earlier. If the petitioner fails to remain present 3 on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be canceled. AAhmad ( Akhilesh Chandra, J.)