IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24192 of 2010 Basdev Mukhiya, son of Sri Lalo Mukhiya, resident of village – Jug Mohra, P.S. Bithan, District Samastipur …………………………..…..Petitioner Versus The State Of Bihar……………….Opposite Party ----------- 2 11.10.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Case is under Section 364A read with Section 34 of the Indian Penal Code. As per the prosecution case, petitioner had gone to demand for ransom money to the house of the kidnapped person. It is stated that petitioner had made a confessional statement in which he admitted that on the orders of the leaders of the Maoist group, he had gone to demand for ransom amount, and when it was not paid and he returned. Thereafter he was again asked to go and ask for money and during second visit the victim returned on the same night. Learned counsel for the petitioner submits that petitioner is a poor fisherman and he had only obeyed the orders of the leaders of M.C.C. It is stated that the petitioner has no criminal antecedents and he 2 is in jail since 03.05.2010. Considering the fact that the victim returned on the same day and petitioner has no criminal antecedents, this application is allowed. Let petitioner (Basdev Mukhiya) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Biroul at Benipur, District Darbhanga in connection with Kusheshwar Asthan P.S. Case No.76/2010 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. BT (J. N. Singh, J.)