IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35141 of 2009 1. RAM BABU YADAV SON OF LATE INDRADEO YADAV 2. DILIP YADAV SON OF RAM BABU YADAV, BOTH RESIDENTS OF MOHALLA HUMAD GALI, P.S.CHOWK, DISTRICT PATNA ---------------------- PETITIONERS Versus STATE OF BIHAR With Cr.Misc. No.20355 of 2009 RAM BABU YADAV @ RAM BABU SINGH SON OF LATE SIYA SHARAN YADAV @ BAIDHU YADAV, RESIDENT OF MOHALLA KARMANKAR GALI, P.S. KHAJEKALAN, DISTRICT PATNA ------------------ PETITIONER Versus STATE OF BIHAR ----------- 2 25.11.2009 Both the applications for anticipatory bail have been heard together as they arise out of same P.S.case that is Chowk P.S.Case No. 188 of 2006. The submission of learned counsel for the petitioners is that suspicion is cast in the case of kidnapping on the sole basis that alleged victim was a witness in S.T.no. 1335/04 pending in the court of F.T.C.III, Patna but in that case also petitioners were not accused, moreover whereabout of the victim has not appeared in statement of any of the witnesses. Suspicion, if any, can be cast against the petitioners and others then there is similar chance of false implication after keeping away himself from village people by the victim. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named three petitioners of 2 both the applications, shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City in Chowk P.S.Case No. 188/06, subject to the condition as laid down under section 438(2) Cr.P.C. However, at the stage of hearing on charge matter, it will be open for the trial court to justify petitioners for remaining on bail further. A.I (Mandhata Singh, J.)