IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30981 of 2009 1.BINOD YADAV son of Dil Chand Yadav 2.Deepak Kumar Anand @ Deepak Yadav son of Mouleshwar Yadav. 3.Subhash Kumar Yadav son of Bideshi Yadav Versus THE STATE OF BIHAR with Cr.Misc. No.31031 of 2009 PAPPU YADAV son of Ganesh Yadav Versus STATE OF BIHAR ----------- 3. 16.12.2009. Heard learned counsel for the petitioner and the State. The petitioners seek bail in a case instituted for the offences under sections 363 and 364A of the Indian Penal Code. It has been submitted that the petitioner is not named in the first information report and subsequently when the victim was recovered he gave statement under section 164 Cr.P.C. stating therein that he was all along in company of two kidnappers. However, later on T.I.Parade was held of six accused persons in which alleged victim identified all six accused persons. The submission is that in a situation where the victim was kidnapped and remained in custody of only two persons, there was no scope for six persons to be involved and, therefore, it appears that the petitioners have been made accused for extraneous reasons by the local police. Further submission is that the petitioners have no criminal antecedent. Under the circumstances, let the petitioners above named be released on bail on furnishing bail bond of Rs. 5,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No.213 - 2 - of 2008 subject to the following conditions: (a) 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, (b) 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. (c) 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 a proceeding for cancellation of bail on the ground of misuse. (d) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Md.S. (Anjana Prakash,J.)