IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 22355 of 2011 Shankar Manjhi, S/o Late Sitaram Manjhi. Versus The State of Bihar -------------------- 03. 25.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364A, 302, 201 and 120 of the Indian Penal Code. The petitioner was refused bail by order dated 21.09.2010 since his name had been disclosed in the confessional statement of the co-accused. The prosecution case is that the FIR named Pankaj Chourasia had kidnapped a minor child of the informant. During investigation it transpired that the petitioner was a good friend of Pankaj Chourasia. When one Mahesh Manjhi was arrested he disclosed that an unknown friend of Pankaj Chourasia had brought a baby to his house and kept him for several days. The speculation is that the person described as a friend of Pankaj Chourasia by Mahesh Manjhi must be the petitioner. Considering the vague material against the petitioner, let him be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of 2 the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge, F.T.C.-II, Nawada in connection with S.Tr. No. 338/10/69 of 2010 arising out of Nawada Town P.S. Case No. 116 of 2002 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. The bailor will also undertake to inform the Court if there is any change in the address of 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 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 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, his bail will be liable to be cancelled for reasons of misuse. (iv) 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.)