IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53108 of 2008 CHANDAN BAITH @ GURU CHARAN BAITHA son of Naresh Baitha, resident of village- Lohargarha, P.S.-Bhawanathpur, Dist.-Garhawa. Versus STATE OF BIHAR ----------- 7. 23.6.2009. Heard learned counsel for the petitioner and the State. The petitioner is one of the named accused of a case registered for the offence under sections 364, 302 and some other sections of the Indian Penal Code, section 27 of the Arms Act and section 17 of the C.L.A. Act. Allegation is that in the night of 11/12 November, 2002 the petitioner and others including 8-9 extremists variously armed came and kidnapped informant’s nephew Bipin Kumar Singh @ Bipin Patel who was later on killed. Submission is that the petitioner is in custody since 17.1.2005. Further submission is that one named co-accused Nawal Mishra faced Sessions Trial No.131 of 2008 before Additional Sessions Judge, F.T.C.-V, Rohtas at Sasaram and has been acquitted vide Judgment dated 31st March, 2009 because informant in that case has not identified any of the accused. 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/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Rahtas at Sasaram in connection with S. Tr. No.565 of 2007 arising out of Rohtas P.S. Case No.94 of 2002. Md.S. (Shyam Kishore Sharma,J.) - 2 -