IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22577 of 2010 KEDAR SAHANI, S/o Late Nathu Sahani. Versus THE STATE OF BIHAR with Cr.Misc. No.23327 of 2010 MAHENDRA SAHANI, S/o Late Ram Ashish Sahani. Versus THE STATE OF BIHAR ----------- 03. 28.09.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 364A/34 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information Report nor in the statement recorded under Section 164 Cr.P.C. On going through the case diary in paragraph 48 one Birendra Thakur disclosed that one Devendra had told him that the petitioners had also assisted in the kidnapping. However, when the said Devendra was examined during investigation he did not disclose in paragraph 122 the complicity of the present petitioners. In view of such, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties with regard to petitioner, Mahendra Sahani and three sureties with regard to petitioner, Kedar Sahani of the like amount each 2 or any other surety as fixed by the Court to the satisfaction of 7th Additional Sessions Judge, Muzaffarpur in connection with Motipur P.S. Case No. 68 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be the father/brother/wife of the petitioners and the third bailor with regard to petitioner, Kedar Sahani shall be local since he belongs to Gopalganj. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well 3 represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The fact that the petitioners have no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioners on bail by calling for a report from the S.P. Gopalganj since the petitioner, Kedhar Sahani belongs to Gopalganj. Vikash/- (Anjana Prakash, J.)