IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38720 of 2009 SHIVJI SAHNI, SON OF LATE PALTU SAHANI Versus STATE OF BIHAR ----------- 4. 07/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364(A) and 34 of the Indian Penal Code. The prosecution case is that the son of a Medical Practitioner was kidnapped by some unknown persons and his own Compounder namely Chandrashekhar Sahani. Later on, the boy was recovered on 13.6.2009 and he gave a statement under Section 164 Cr. P.C. on 30.7.2009. In the long statement he has mentioned number of accused persons but has not named the present petitioner. In the case diary it has transpired that the son of the present petitioner namely, Dharmendra Sahani was in league with the other co-accused persons and, therefore, it was suspected that even the petitioner would be involved in the present occurrence. However, there is no cogent material in support of the same. In view of such and also that the petitioner has no criminal antecedents, let the petitioner above named, who is in custody since 3.6.2009, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in Motipur P.S. Case No. 68 of 2009 subject to the following conditions: (i)That one of the bailors will be a close - 2 - relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other must be local in nature since the petitioner belongs to Gopalganj. (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. S.Ali (Anjana Prakash, J.)