IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17771 of 2010 VIJAY CHAUDHARY @ LADEN son of Kailash Chaudhary, r/o village Adhganwa, P.S. Merkour, Dist. Nawada….petitioner. Versus STATE OF BIHAR Opp. Party. ----------- 3 12.08.2010 Heard the parties. In a criminal prosecution registered under section 364 A of the Indian penal Code with respect to kidnapping of one Raj Kumar Gupta son of the informant for the purpose of ransom, the petitioner is not named in the FIR as accused. It is submitted on behalf of the petitioner that save and except confession of co-accused Suresh Chaudhary @ Karu Chaudhary , co-accused Ramesh Pandit and co-accused Dhananjay Kumar before the police, there is no other legal material to connect the petitioner with the offence in question. It is further submitted that all those co-accused persons, who have made confessional statement before the police disclosing name of the petitioner as accused, have already been granted bail by different orders of this Court. Some of the orders have been annexed as Annexure-2 series to this petition. It is also highlighted that petitioner is in judicial custody since 4.10.2008 and the case is still pending before the learned judicial Magistrate and has not yet been committed to the court of sessions. In the facts and circumstances of the case, particularly in view of period of incarceration and the fact t hat some other accused persons have been granted bail., the above named named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri Abhijit Kumar, J.M. Ist Class, Nawada in connection with Nagar (Nawada) P.S. Case no. 209 of 2008, G.R. - 2 - No. 1017 of 2008. subject to the conditions : (a) That one of the bailors must be Govt. servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of case in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. Learned Judicial magistrate, Ist class, Nawada is directed to commit the case of the petitioner forthwith and thereafter trial of the petitioner should be taken up on priority basis and effort should be made to conclude the trial of the petitioner within the period of one year from the date of commitment of the case. ( Birendra Prasad Verma, J. ) M.Rahman