IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1131 of 2010 MD.EKWAL, S/O MD. IMTEYAZ ALI KHAN Versus STATE OF BIHAR **** /3/ 08.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 364A and 395 of the Indian Penal Code. 3. The petitioner is not named in the first information report and subsequently when the victim was released he stated that he has been confined by some miscreants who were referring to each other as “A”, “B”, “C” and “D”. However, when the wife of the victim was examined, she stated that the accused were taking names amongst themselves, one of which was Md. Ekwal. The submission is that when the victim did not name the petitioner it is not believable that his wife was giving a true version. Under the circumstances taking into consideration the fact, let the petitioner, above named, who is in custody since 05.11.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Lalganj P.S. Case No. 272 of 2007 to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, on the conditions (i) that one of the bailors 2 will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.A. (Anjana Prakash, J.)