IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14153 of 2009 BACHASPATI JHA @ ANIL JHA,son of Jaldhar Jha, resident of village-Khara Budhma, P.S.- Udakishunganj,District-Madhepura. Versus STATE OF BIHAR ----------- 03/ 01-07-2009 Heard learned counsel for the petitioner and the State. It is a case of kidnapping for ransom but submission of the learned counsel for the petitioner is that there is no evidence at all against the petitioner. Neither he has been named in the FIR nor by the victim. His name has appeared in the confession made by co-accused Brajesh Jha. Though there is criminal antecedent as mentioned in paragraph-118 of the case diary but basing the same under the circumstances discussed above petitioner’s arrest cannot be justified. In the suggested facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Bihra P.S.Case No.64/2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )