IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50275 of 2007 SANJAY MISHRA Versus THE STATE OF BIHAR ----------- 05 16.05.2008 Heard. Petitioner Sanjay Mishra is an accused in a case instituted under sections 364, 365 and 120 B of the I.P.C. It has been submitted by the learned Advocate of the petitioner that the petitioner’s name appeared in the F.I.R. on the basis of suspicion and the fact is that entire story of the kidnapping is doubtful, as the victim was never recovered by the police, rather he suo moto came back. Learned advocate further submitted that the petitioner is in custody for the last about one year. Learned A.P.P. concedes that the victim has returned back suo moto and he has not been recovered by the police. She also conceded that on the basis of suspicion the name of the petitioner appeared in the F.I.R. Considering the submission of both sides, petitioner Sanjay Mishra is ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.P. Shukla, Judicial Magistrate, 1st Class, East Champaran at Motihari in Chhatauni P.S. case no. 102 of 2006. Uday/ ( Syed Md. Mahfooz Alam, J. )