IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5315 of 2010 BINAY KUMAR SINGH @ VIJAY KUMAR SINGH, S/o Krishna Murari Singh @ Krishna Kumar Singh. Versus THE STATE OF BIHAR ----------- 03. 07.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 364A/34 of the Indian Penal Code. The petitioner was refused bail by order dated 16.11.2006 noting the merits of the case that the petitioner was arrested from the house of Rajjo Ram along with four others and the kidnapped victim. However, the victim did not name the petitioner in the statement recorded under Section 164 Cr.P.C. Thereafter, the petitioner renewed his prayer for bail. By order dated 23.01.2008 once again the prayer for bail was rejected since the report of the trial court was that even though seven material witnesses had been examined and the victim and two others including the Investigating Officer were yet to be examined and the likely time assessed by the trial court was six months in concluding the trial. By the - 2 - said order the petitioner was also granted liberty to renew his prayer for bail after four months in case the trial was not concluded. The petitioner has renewed his prayer for bail on this ground thereupon which a report was called for from the trial court. Trial court has submitted that one of the co-accused had absconded and therefore the trial was being delayed and by now even the victim has been examined as P.W. 9. In view of such, let the petitioner above named who is languishing in jail since 03.09.2007 and there is no likelihood of a speedy disposal of the trial be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Nalanda at Biharsharif in connection with Deep Nagar P.S. Case No. 40 of 2006 subject to the following 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of - 3 - 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. (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)