IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11315 of 2010 MD.FARUQUE, S/o Abdul Rashid. Versus THE STATE OF BIHAR ----------- 02. 15.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364 and 365 of the Indian Penal Code. The prosecution case is that the victim was doing petty business in Jammu & Kashmir and had borrowed some money from the present petitioner but failed to return the same and therefore he was kidnapped by the accused persons including the present petitioner. The victim was recovered and he supported the fact of borrowing the money from the present petitioner on account of which this occurrence had taken place. In view of such, let the petitioner above named who is in custody since 07.02.2010 and has no criminal antecedent be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the - 2 - satisfaction of Chief Judicial Magistrate, Begusarai in connection with Begusarai Mufassil P.S. Case No. 43 of 2010 subject to the following 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 and the other bailor will be local in nature since the petitioner belongs to Jammu & Kashmir. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on 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. (iv) 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. Vikash/- (Anjana Prakash, J.)