IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51319 of 2008 CHANDRAMAULI PRASAD @ CHANDRAMAULI KUMAR @ CHANDRAMAULI MAHTO, S/o late Ram Pratap Mahto, resident of village – Govindpur, P.S. – Sarmera, District – Nalanda. Versus THE STATE OF BIHAR ----------- 3. 04.02.2009 Heard Sri Raj Nandan Prasad, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The petitioner Chandramauli Prasad is in custody in a case under Section 364A of the IPC, which was initially registered under Section 365 of the Penal Code. The victim boy Randhir Kumar returned from his captivity and he has named certain accused persons as his captors or abductors, which array does not bear the name of this petitioner. The learned Additional Sessions Judge has made reference to the submissions of the learned Additional Public Prosecutor that the victim had stated that the name of the petitioner was also being taken by his captors. Besides, the name of the petitioner appeared in the confessional statement of the co-accused. This could raise some doubt but create no definite opinion. I have admitted to bail certain accused persons standing on similar footing as may appear from Annexure – 3. Let petitioner Chandramauli Prasad @ - 2 - Chandramauli Kumar @ Chandramauli Mahto be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Mishra, Judicial Magistrate, Ist Class, Patna City in connection with Sultanganj P.S. Case No. 487 of 2006. DKS/ (Dharnidhar Jha, J.)