IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37582 of 2009 1. SHIV NARAYAN SINGH S/O LATE RAUNAK SINGH VILL - RAMDAULI, P.O. BIDUPUR, P.S.BIDUPUR. DISTRICT – VAISHALI. Versus 1. THE STATE OF BIHAR. ----------- 03. 19.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364A, 368 and 120B of the Indian Penal Code. The prosecution case is that one Neeraj Kumar was kidnapped by his friends namely Ravi, Bittu, Vikash and Dhiraj. The petitioner happens to be the father of Vikash and when the mobile of Vikash was recovered from the house of the petitioner he was also implicated in the present case. His submission was recorded in paragraph 131 wherein he stated that his son Vikash may have been involved and does not involve himself, in paragraph 29 one Meena Devi has been examined who does not state anything against the petitioner, in paragraph 45 one Lal Babu Sah has been examined who also does not say anything about the petitioner and later on in paragraph 130 co-accused Bittu in his confession - 2 - implicated the rest of his friends but does not say a word against the present petitioner who happened to be the father of his friend Vikash. Under the cirumstances, let the petitioner above named who is in custody since 25.09.2008 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City in connection with Sultanganj P.S. Case No. 154 of 2008 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. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) That the petitioner will give an undertaking that he will receive the police papers on - 3 - 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. Vikash/- (Anjana Prakash, J.)