IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22351 of 2010 1. RAHUL SINGH, S/o Sri Ramesh Singh. 2. Maksudan Singh, S/o Late Tribeni Singh. Versus THE STATE OF BIHAR ----------- 02. 06.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 364, 406 and 323/34 of the Indian Penal Code. It has been submitted that even though the occurrence is said to have taken place in the year 2006 the complaint was instituted only in 2008 for the alleged kidnapping of the brother of the complainant who had been allegedly taken away for working in Ludhiana. Considering that there is no explanation for the delay and there is no case of kidnapping pending against the petitioners, let the petitioners, above 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 Sri D.N. Bhardwaj, Judicial Magistrate, 1st Class, Gopalganj (or his successor) in connection with Mohammadpur P.S. 2 Case No. 109 of 2008 (Tr. No. 2317 of 2010) 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 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. (iii) 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 manner, their bail will be liable to be cancelled for reasons of misuse. (iv) 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.)