IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18178 of 2009 PRADUMAN SAHNI, son of Vishwanath Sahani, resident of village Kanti Gosai Tola, P.S. Kanti, district Muzaffarpur .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /3/ 06.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 363 and 365 of the Indian Penal Code. 3. Taking into consideration the fact that after co- accused, Rajesh Sahani was caught he confessed to have confined Nilesh Singh, son of the informant, and, thereafter, the petitioner and Rajesh Sahani, went to the place from where Nilesh was recovered from the hut of Munna Sahni, who disclosed that it was Rajesh Sahani who had kidnapped Nilesh and Munna Sahani had kept him in captivity, but, did not say anything against the petitioner, let the petitioner, above named, who is in custody since 20.11.2008 and has no antecedent, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Motipur P.S. Case No. 189 of 2008 to the satisfaction of Sri T. Yadav, Judicial Magistrate, 2 1st Class, Muzaffarpur, on the 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 an 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 and (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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)