IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43905 of 2008 DILIP SHARMA @ VIKASH SHARMA Versus STATE OF BIHAR ----------- 4 26.2.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that the victim returned at his home safely only after three days of his kidnapping. His statement was recorded instantly by the police under section 161 Cr.P.C. but he did not name this petitioner, only after lapse of one month and 20 days his statement was recorded under section 164 Cr.P.C. in which the victim named this petitioner as he heard his name while the miscreants were calling each other by name. Taking that into consideration, petitioner’s custody for any more is not justified while he is in jail since 22.6.2008. I agree with the submission. Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. V, Madhepura in S.T.no. 113A/08 arising out of Alam Nagar P.S. case no. 91/2001. (Mandhata Singh,J.) AI