IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4027 of 2008 KANHAIYA SINGH @ KANHAI SINGH Versus THE STATE OF BIHAR ----------- 3 12/5/2008 Heard counsel for the petitioner and counsel for the State. Petitioner is an accused for the offence under section 364(A)/34 of the Indian Penal Code. Allegation is that the petitioner was one of the person who took part in the kidnapping of an officer of the State Government in the department of Commercial Taxes. Mr. Ramakant Sharma, learned Senior Counsel submits that there is nothing against the petitioner to connect him with the offence as alleged except the statement made in para 48 of the case diary as mentioned in the order of the Additional Sessions Judge rejecting the bail application of the petitioner. It has been submitted on behalf of the petitioner that in fact the statement in para 48 of the case diary does not contain anything to implicate the petitioner in the present case. In para 48 of the case diary there is statement of one Sudhesh which does not show that the mobile phone of the petitioner was actually used either in demand of ransom or in any other allied activities in course of kidnapping. Petitioner is in custody since 9.10.2007 but the occurrence is of December, 2001. According to own showing of the petitioner even when he was aware of his complicity in the case since 2002 itself but he kept on evading arrest till he 2 surrendered on 9.10.2007, this Court is not inclined to grant him bail. The prayer for bail of the petitioner is accordingly rejected. However, the petitioner may move for bail after completing nine months in judicial custody. ( Mihir Kumar Jha, J.) Abhay Kumar.