IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12589 of 2009 AJAY SINGH @ AJAY KUMAR Versus STATE OF BIHAR ----------- 03. 23.06.2009 Heard both sides. The sole petitioner seeks regular bail in a case instituted under Sections 364(A)/34 of the Penal Code. As per allegation in the F.I.R., the victim Prabhat Ranjan was taken away by three persons named in the F.I.R.( not the petitioner). It is further alleged that subsequently a ransom call was received and tracing the call the victim was recovered after few days from a ‘mandir’ where he was found accompanied with one Arun Das. Said Arun Das allegedly made a confessional statement naming the petitioner, Bhuttu Rai @ Guddu Rai, Raju and Bilas Paswan as the co- culprits. Submission of the learned counsel for the petitioner is that afore- noted Bhuttu Rai @ Guddu Rai has been granted the privilege of bail by this court vide order dated 16.03.2009 passed in Cr. Misc. No. 2061 of 2009 (annexure-3). It is further contended that Arun Das has also been granted the privilege of bail by this court vide order dated 04.08.2004 passed in Cr. Misc. No. 18627 of 2004 (annexure-2). Learned A.P.P. appearing on behalf of the State, on the other hand, opposed the prayer for bail and submitted that because of non- appearance of the petitioner, the trial has to be separated. It is further submitted that although the case was lodged in the year 2002 but the petitioner surrendered on 07.11.2007. - 2 - Having regard to the order granting bail in favour of co- accused Bhuttu Rai @ Guddu Rai, this Court is persuaded to grant the same privilege to the petitioner. In the facts and circumstances of the case, the petitioner, above named, 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 Additional Sessions Judge IX, Patna in connection with Kadamkuan P.S.Case No. 258 of 2002 corresponding to Sessions Trial No. 785 of 2008 subject to the following conditions: (a) One of the bailors should be the own/close family member of the petitioner. (b) The petitioner shall appear before the court below on the date fixed at the trial. In the event of default in such appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bond and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)