IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45242 of 2009 KRISHNA RAJBANSHI SON OF LATE KAPIL RAJBANSHI Versus STATE OF BIHAR ----------- 3. 11.1.2010 In pursuance to the order dated 8.1.2010, a supplementary affidavit has been filed today. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 307, 353/34 of the Indian Penal Code and 25(1-b)A/27/35 of the Arms Act. It has been submitted that in the first information report it has been stated that when Rayees Rajbanshi was caught at the spot with fire arms, he disclosed the name of the present petitioner as the second person who had run away from the place of occurrence. However when Rayees Rajbanshi was put on trial in Sessions Trial No.179 of 2009 (237 of 2009) along with co-accused Nand Kishore Rajbanshi, one the police personnels identified Rayees Rajbanshi as one who was caught at the spot and Nand Kishore Rajbanshi as the person who had fled away from the place of occurrence. In the present first information report, the allegation of having confined the kidnapped Pramod Kumar is surprisingly against Nand Kishore Rajbanshi and Anil. However admittedly the petitioner’s name has transpired in the confessional statement of the co-accused Rayees Rajbanshi and the petitioner states that he has no criminal antecedents before institution of the present case. - 2 - Taking into consideration the aforementioned facts, let the petitioner above named, who is in custody since 26.8.2009, 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 Chief Judicial Magistrate, Nawada in Nawadah P.S.case No.7 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with 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 bail on the ground of misuse of bail and (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. The fact that the petitioner was not made an accused in any other case prior to 8.1.2009 will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )