IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22666 of 2009 JAWAHAR PRASAD Versus STATE OF BIHAR ----------- 2 25.07.2009 Heard both sides. Petitioner seeks bail in a case instituted under Section 364A/34 of the Penal Code. As per allegation in the F.I.R., a boy aged about six years was kidnapped for ransom by two accused persons named in the F.I.R. So far as the present petitioner is concerned, there appears to be material in the shape of confessional statement of co-accused Sagir @ Sharique. From the impugned order, it appears that the learned Sessions Judge has taken note of the fact available in the case diary and has come to the conclusion that there is/are materials on record which connect the petitioner with the crime. Learned counsel for the petitioner submits that the named accused, namely, Ajay Ravidas was tried by the court below and acquitted of the charges. He further draws attention of this court to the order dated 05.08.2008 (annexure-6/1), whereby, co-accused Vijay Chaudhary has also been released on bail. Learned A.P.P. appearing on behalf of the State, on the contrary, opposed the prayer for bail and submitted that the case is of 2006. Charge-sheet was filed sometimes in June 2007. Petitioner evaded arrest for about three years and recently 2 surrendered on 18.01.2009. Having regard to the materials on record, this court by declining the prayer for bail observes as under: Let the learned trial court make endeavour to conclude the case by examining all the prosecution witnesses on or before 30th November 2009, failing which the trial court shall release him on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the District and Sessions Judge, Fast Track Court No. V, Nawada in connection with Narhat P.S.Case no. 22 of 2006, Sessions Trial No. 114 of 2009/31 of 2009, subject to the following conditions: (i) One of the bailors shall be the own/close family member of the petitioner. (ii) The petitioner shall appear before the court below in person on the date fixed at the trial. In case of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)