IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15350 of 2010 1. JAWAHAR SAHNI SON OF LATE MANA SAHNI 2. MOHAN SAHNI S/O JAWAHAR SAHNI Versus THE STATE OF BIHAR ----------- 2. 4.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 364A/34 of the Indian Penal Code. The prosecution case is that the son of the informant was kidnapped by his own Compounder for the purposes of ransom. During investigation a number of accused persons were arrested and the boy was recovered from the house of one Laldeo Sahni. It transpired that the petitioner no.1 happens to be the brother of Laldeo Sahni and the petitioner no.2 is the nephew of Laldeo Sahni and at some point in time Laldeo Sahni had brought the victim to be kept in the house of petitioner no.2. However, there is no material to show that there is any complicity of the present petitioners in the kidnapping or demand of ransom nor have they any criminal antecedents. In views of such, let the petitioners above named, who are in custody since 3.6.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Muzaffarpur in Motipur P.S.case No.68 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will - 2 - give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 and (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. The fact that the petitioners have no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioners on bail. Narendra/ ( Anjana Prakash, J. )