IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1731 of 2010 SUMIT KUMAR, son of Subhash Chandra Bhardwaj, village Nayanagar, PS Hasanpur, District Samastipur – petitioner. Versus STATE OF BIHAR ----------- 2 31.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner’s prayer for bail was earlier rejected in a case under section 364A of the Penal Code. Learned counsel for the petitioner submits that the Manager of the brick kiln who was kidnapped, came home very next day. In the statement under section 164 of the Cr.P.C., he has not named this petitioner, rather, he has named Shambhu Singh and Suresh Mahto. The name of the petitioner transpired and it is alleged that he was directed to collect the ransom amount. However, during investigation none of the witnesses said that they have actually seen the money being exchanged between the petitioner and others as per paragraphs 16 to 25 of the case diary. Considering that the petitioner has now remained in custody for one year and is not named by the victim, he is directed to be released on bail in Khodawandpur PS Case No. 3/2009, giving rise to S.T. No. 911/2009, on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the F.T.C.V, Begusarai. haque (Sheema Ali Khan, J.)