IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45993 of 2007 SHAMSHER ALI Versus THE STATE OF BIHAR ----------- 5 12.08.2008 Heard learned counsels for the petitioner and the State. A supplementary affidavit has been filed on behalf of the petitioner stating that the investigation of the case is still pending. Petitioner is an accused in a case registered for the offences under Section 364 of the Indian Penal Code. It has been submitted on behalf of the petitioner that although the prayer for anticipatory bail of this petitioner was earlier rejected by this Court as per the order dated 19.12.2005 passed in Cr. Misc. No. 39660 of 2005, however, after passing of the above order the victim has given his statement under section 164 of the Code of Criminal Procedure on 21st September, 2006 wherein he could not identify the kidnappers. It is further submitted that on perusal of the report of the Deputy Superintendent of Police, HQ, Siwan submitted to the Superintendent of Police, Siwan wherein it was stated that both the informant as well as the petitioner were in visiting terms and known to each other and besides that their business premises are also adjacent to each other. As such, non-identifying the petitioner doubts the allegation levelled against this petitioner. In addition to the above, the counsel has drawn 2 the attention of the Court to the petition filed by the informant, as contained in Annexure-5, wherein the informant has also admitted that petitioner was well known to him and has denied the involvement of the petitioner in the alleged crime. Considering the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Shamsher Ali be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Barharia P.S.Case No. 54 of 2004 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)