IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31880 of 2010 AMARJIT SAHANI, S/o Lal Deo Sahani. Versus THE STATE OF BIHAR ----------- 02. 28.09.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 364A/34 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report nor in the statement under Sections 164 and 161 Cr.P.C. However, when the confession of the co-accused Munna was recorded he disclosed the complicity of Laldeo Sahani i.e. the petitioner’s father but did not disclose any thing about the complicity of the present petitioner. The further material against the petitioner is that the kidnapped person had been kept in the house of the petitioner for one night. Considering that the petitioner’s father has been disclosed to be actively in complicity with the co-accused persons and only that the person kidnapped had been kept in the house of the petitioner would not show the involvement of the petitioner in this occurrence, let the petitioner, above named who is in custody since 03.06.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with three sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Motipur P.S. Case No. 68 of 2009 subject to 2 the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, the other bailor shall be the brother/wife of the petitioner and the third bailor shall be local since the petitioner belongs to Gopalganj. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) 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, his bail will be liable to be cancelled for reasons of misuse. (v) 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. Vikash/- (Anjana Prakash, J.)