IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14679 of 2009 RAUSHAN KUMAR @ RAUSHAN SHARMA @ RAUSHAN CHOUHAN, son of Ashok Kumar Singh, resident of village Painal, P S – Bihta, District – Patna. ______ Petitioner Versus STATE OF BIHAR ______ Opposite party ----------- 06. 15.09.2010 Petitioner is an accused under section 364A of the Indian Penal Code. Initially Jehanabad P S Case No. 124 of 2006 was instituted when the then Treasury Officer of Jehanabad was kidnapped. However, when other details emerged the case was transferred to Phulwari Sharif and it was registered as Phulwari Sharif P S Case No. 168 of 2007. Submission of the counsel is that the petitioner has remained in custody since 15.6.2006. Trial has not proceeded an inch and is not likely to also proceed and conclude within a reasonable time as there are many an accused, some of whom have been enlarged on bail and are now absconding. However, this petitioner undertakes to co- operate and even prays for separation of the trial if he is enlarged on bail. His family is willing to stand as surety for him and they shall ensure that petitioner does not involve in any criminal activity after being released on bail. He shall appear before the trial court through himself on the dates fixed . Statement has also been made that prior to the institution of this case, there are no cases pending against the petitioner and to that extent he does not have any criminal antecedent at least on record. Looking at the period petitioner has spent in custody and 2 the statements and undertakings recorded above, let petitioner Raushan Kumar alias Raushan Sharma alias Raushan Chouhan be enlarged on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in Phulwarisharif P S Case No. 168 of 2007. One of the surety will be executed by the father of the petitioner on due identification by the court below and the other by a government servant. It is categorically recorded that if the petitioner absconds or fails to appear before the trial court, the court below will have liberty to cancel the bail granted to the petitioner. If the petitioner seeks separation of the trial that may be considered by the court below in this regard. rkp ( Ajay Kumar Tripathi, J.)