IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11223 of 2010 TONY KUMAR @ TONY PASWAN, SON OF SHYAM NARAYAN PASWAN Versus STATE OF BIHAR ----------- 2. 16/04/2010 The supplementary affidavit filed today be kept on the record. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 366 and 494 of the Indian Penal Code. The allegation against the petitioner is that he helped his brother Vijay Kumar in the kidnapping of the victim concerned. The submission is that the petitioner is not directly involved and it is absurd to believe that the entire family would assist in such a crime. In view of such and also that there is no alleged misbehaviour by the present petitioner upon the victims, let the petitioner above named, who is in custody since 21.7.2009, 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 Sessions Judge, VIII, Patna, in Sessions Trial No.1441 of 2009 arising out of Phulwarisarif P.S. Case No. 296 of 2009 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 undertake to furnish information to the - 2 - court about any change in 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. S.Ali (Anjana Prakash, J.)