IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38852 of 2009 GHUGHALI RAM, S/o Bikau Ram. Versus THE STATE OF BIHAR ----------- 04. 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 364, 365 and 364A of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report which was instituted against 18 to 20 unknown persons. Subsequently the six kidnapped persons returned and they named a number of accused persons but not the petitioner. In paragraph 75 of the case diary suddenly without any material the investigating officer filed a requisition before the Court asking for the issuance of warrant against the present petitioner. Even after the entry noted in paragraph 75 there is no material appearing against the petitioner. Unfortunately, despite the same the petitioner was charge-sheeted and without any application of mind even the court took cognizance in the matter. Under the circumstances, let the petitioner above named who is in custody since 21.04.2009 be released on bail on furnishing bail bond of Rs. 5,000/- - 2 - (Five Thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge, F.T.C.-V, Bettiah, West Champaran in connection with Sessions Trial No. 383 of 2009 arising out of Matiaria P.S. Case No. 18 of 2001 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 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 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.)