IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3810 of 2010 BHOLA RAM @ BHOLA RAI, S/o Late Ram Prasad Ram. Versus THE STATE OF BIHAR ----------- 04. 06.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 364/34 of the Indian Penal Code. The petitioner is named in the First Information Report being the person who was involved in kidnapping of the two years child of the informant who subsequently was recovered from Sadisopur which is the house of co-accused, Bablu Kumar. However, later on the informant gave a petition before the court below stating therein that the petitioner was not involved in the present occurrence and he had been named on a misconception. In view of such, let the petitioner above named who is in custody since 05.09.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) - 2 - with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City in connection with Fatuha P.S. Case No. 342 of 2009 subject to 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. (ii) That the affidavit shall clearly state that the petitioner is not 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 - 3 - to be cancelled. Before releasing the petitioner on bail the court below will notice the informant and verify the genuineness of Annexure-4 which has been filed in the present petition. Vikash/- (Anjana Prakash, J.)