IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6930 of 2010 KAILU SINGH @ KAMLESH SINGH Versus THE STATE OF BIHAR ----------- 2 3.3.2010 Heard Mr. Amarnath Singh, learned counsel appearing for the petitioner and Mr. Upendra Kumar, learned A.P.P. for the State. Petitioner has been made an accused in a case instituted under section 364 A/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that both the kidnapped persons namely Sanjay Kumar and Bhavesh Jha have voluntarily returned to their house and their statements under section 164 Cr.P.C. have not been recorded till date. However, their statements have been recorded under section 161 Cr.P.C., where they have named several persons including the petitioner. It is also submitted that though the petitioner is in judicial custody since 28.8.2009, but he has not been put on T.I.P. till date and further that other co-accused persons including co-accused Saurav Kumar @ Saurav Singh @ Chiku have been granted bail by this Court by order dated 16.2.2009 , passed in Cr. Misc. No. 45904 of 2008. Learned A.P.P. has fairly conceded that position. Be that as it may, in the facts and circumstances of the case , let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Addl. Sessions Judge, II, Nalanda in connection with Silao P.S. case no. 43 of 2006, subject to the condition that one of the bailors must be either Govt. servant or his close family member who will file an affidavit showing his relation with the petitioner and further that if the petitioner is - 2 - found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (Birendra Prasad Verma, J) M.Rahman