IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41674 of 2009 TRIYOGI SINGH, S/o Late Baleshwar Singh. Versus THE STATE OF BIHAR ----------- 03. 17.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 395 and 364 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently when the kidnapped boy was recovered he gave statement under Section 164 Cr.P.C. disclosing the name of five persons namely, Khiro Manjhi, Bajrangi Manjhi, Yogi Singh, Dalpat Manjhi and Krishna Manjhi. All were examined under Section 164 Cr.P.C. Five years later the police concluded that Yogi Singh was in fact Triyogi Singh even though there is no material in between to show that there is any connection between Yogi Singh and Triyogi Singh. In view of this, let the petitioner above named who is in custody since 24.07.2009 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, Jamui in connection with Khaira P.S. Case No. 50 of 2001 subject to the following conditions:- (i) - 2 - 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 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 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. (iv) 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. (v) 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.)