IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19418 of 2009 JASWANT SINGH @ VIKASH SINGH, S/O SHAMBHU SINGH Versus STATE OF BIHAR **** /6/ 01.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 363 and 364A of the Indian Penal Code. 3. It has been submitted that the petitioner is not named in the first information report and subsequently when the victim was recovered he gave statement under Section 164 of the Criminal Procedure Code stating therein that he was all along in company of two kidnappers. However, later on test identification parade was held of six accused persons in which alleged victim identified all six accused persons. The submission is that in a situation where the victim was kidnapped and remained in custody of only two persons, there was no scope of six persons to be involved and, therefore, it appears that the petitioner has been made accused for extraneous reasons by the local police. Further submission is that the petitioner has no criminal antecedent. 4. Under the circumstances, let the petitioner, above named, who is in custody since 06.01.2009 be released on 2 bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Jhajha P.S. Case No. 213 of 2008 to the satisfaction of the Chief Judicial Magistrate, Jamui, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)