IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4797 of 2010 MANJU PASWAN, Rambahadur Paswan, resident of village Sirha Tola Kantash, P.S. Pakridayal, District East Champaran … Petitioner Versus STATE OF BIHAR .. ….. Opp. Party ----------- For the petitioner : Mr. Sangeet Deokuliar, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. 4 15.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 364A/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the first information report was lodged against two named persons, namely, Baleshwar Sahni and Pramod Sahni. The petitioner was not named in the first information report. However, it has been alleged that after recovery of the victim Raghubir Prasad, his statement was recorded by the police under Section 161 Cr.P.C., wherein he has been allegedly named this petitioner as one of the abductors along with other named persons. Learned counsel submits the trial has been separate and the victim Raghubir Prasad was also examined during the course of trial wherein 2 he has categorically stated that he does not know any abductors or any of the persons, who were involved in the commission of occurrence. It is submitted that one of the named accused persons, namely, Raja Sahni and another co-acused Pramod Sahni had been acquitted of the charges by the judgment dated 13.12.2004 itself. Learned counsel has produced certified copy of the deposition of the witnesses as well as the aforesaid judgment. Let the same be kept on record. The petitioner, is stated to be in custody since 31.5.2006. In the facts and the circumstances of the case, the petitioner, MANJU PASWAN, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, II, East Champaran in connection with S.Tr. No. 688 of 2006 arising out of Chiraiya P.S. Case No. 41 of 2003, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the 3 concerned court giving complete genealogy to show his or her relationship with the petitioner. Further the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)