IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9766 of 2009 BABALU CHAUBEY @ BABALU KUMAR CHAUBEY S/O-Satyadeo Chaubey, R/O-Vill-Rajpur, P.S.-Raghunathpur, Distt.-Siwan. ………………………………………Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 3/ 24.07.2009 Heard learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in a case which has been registered against 8 unknown miscreants for the offences under Sections 395/364A of the Indian Penal Code. In course of dacoity, the accused persons have kidnapped the informant’s minor son namely Akash Kumar aged 5 ½ years and also they have looted certain articles. In course of investigation, the petitioner’s name has been taken by the witness Rinku Kumari who has stated that at the time of alleged occurrence she has found the petitioner catching her leg. Submission is that though the occurrence has been reported after eight hours of the occurrence but the petitioner was not named. 2 There were enough opportunities for Rinku to state about the name of the petitioner to the informant and others. Another circumstance against the petitioner is that he was seen one day prior to the occurrence along with Yogendra Yadav and Pawan Kumar Mishra. Those two persons have been granted bail one by this Court and another by lower court. The petitioner is of clean antecedent. The victim boy has not named the petitioner rather he has named others. Considering the facts and circumstances of the case, the above named petitioner is directed 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 the learned Chief Judicial Magistrate/concerned court, Siwan in connection with Raghunathpur P.S. Case No.-67 of 2007. kksinha/ (Shyam Kishore Sharma, J.)