IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15015 of 2010 HARI KISHAN YADAV @ HARI KRISHNA YADAV, S/o Ram Yadav. Versus THE STATE OF BIHAR with Cr.Misc. No.20513 of 2010 LAXMI YADAV, S/o Late Bijay Yadav Versus THE STATE OF BIHAR ----------- 03. 06.07.2010 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offences under Section 364A/34 of the Indian Penal Code. It has been submitted that the petitioners have been named as an accused in the First Information Report on the basis of suspicion having been cast against them and it was alleged that due to land dispute the son of the informant had been kidnapped by the accused persons. During investigation one co-accused Dinesh Kumar who was one of the persons who executed the work of kidnapping was arrested and he gave a confessional statement but does not name the petitioners as one of the persons who were involved in the kidnapping. In view of such, let the petitioners, above 2 named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 565 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any 3 manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)