IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21458 of 2010 DHANESH MUKHIYA S/O HARI MUKHIYA Versus STATE OF BIHAR ----------- 2. 30.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364A, 323, 324, 326, 307, 302 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the petitioner is not named in the first information report nor did the allegedly kidnapped victim disclose the complicity of the petitioner during trial as is evident from the impugned order. In view of such, let the petitioner above named, who is in custody since 2.2.2008, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge, Bettiah, West Champaran in S.Tr.No.442 of 2008 arising out of Jogapati P.S.case No.190 of 2002, subject to 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) 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 - 2 - bail on the ground of misuse and (iii) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )