IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9397 of 2010 KISHAN MAHTO @ KRISHAN MAHTO, SON OF RADHE MAHTO Versus STATE OF BIHAR ----------- 2. 17/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364(A) of the Indian Penal Code. The Informant has alleged that he was being forcibly abducted by a number of accused including the present petitioner which bid was spoiled when the police arrived. Thereafter, the Informant gave statement under Section 164 Cr. P.C. but he did not name the present petitioner. It is submitted that the petitioner is an accused in only one other case i.e. Pandarak P.S. Case No. 135 of 2007 which fact may be verified by the Magistrate before releasing the petitioner on bail. In view of the aforesaid, let the petitioner above named, who is in custody since 25.4.2009, 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 Additional Sessions Judge IV, Barh, in connection with Sessions Trial No. 648 of 2009 arising out of Pandarak P.S. Case No. 134 of 2007 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. (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other - 2 - 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. (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. S.Ali (Anjana Prakash, J.)