IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18847 of 2011 Niranjan Kumar Nirala, S/O-Late Ayodhya Mandal Versus The State Of Bihar ----------- 06 24.10.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 01.11.2010 in a case registered under Section 364A of the Indian Penal Code. Petitioner is not named in the first information report and in course of investigation the name of this petitioner came in this case on the basis of call details and subsequently, petitioner was arrested and he was put on Test Identification Parade in which the victim participated and identified the petitioner. The contention of learned counsel for the petitioner is that, as a matter of fact, one Rajesh Mandal and Anil Mandal had kidnapped the petitioner for which the petitioner had lodged the police case against them and, as a matter of fact, one of the relatives of the aforesaid persons was in police service and subsequently, the aforesaid police official manufactured and planted the present case and implicated the petitioner in this case. It is further contended by him that the prosecution story is unbelievable because no one would go to Jamui from Patna for playing band without taking any advance. Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that petitioner does not have any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten 2 Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwari P.S. Case No. 638 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)