IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40318 of 2010 VIJAY KUMAR MANDAL SON OF LATE NAGENDRA NATH MANAL. Versus STATE OF BIHAR . ----------- 2 24.11.2010 Heard learned counsel for the petitioner and the State. The petitioner has been made an accused under section 364 (A) of the Indian penal Code. Prayer for bail of the petitioner was earlier rejected on 21.7.2010 vides Cr. Misc. No. 9926 of 2010. As per prosecution case, Mohan Kumar stated that on 6.10.2006 his sister Mamta Devi along with her husband, Anand Chaudhary, were traveling on a Maruti Car. They were proceeding towards Purnea. On inquiry, an unknown person spoke on Mobile that on account of some problem in the Car they had proceeded towards Bhagalpur instead. On the next date (13.10.2006) all efforts to contact on mobile. Later on in the day Anandji somehow informed his brother that he was abducted along with his wife for ransom. The petitioner is prayer for bail was earlier rejected by the Sessions judge Begusarai. The petitioner moved this court for bail which was allowed vide order dated 26.3.2007 passed in Cr. Misc. 29908 of 2007. It subsequently transpired that certain manipulations were made in the impugned order of the Sessions Judge as well as in FIR and petition filed in the High Court. On petition of informant, the - 2 - bail was cancelled. The petitioner submits that many co accused namely Pankaj singh, Chandan Singh, Purusottam Singh, Shiv Shankar Yadav and lakhan Mandal have been allowed bail. He further submits that the mobile used in the crime, does not belong to him. There is no direct evidence against him. He is in custody for two and half years. In view of the facts and circumstances of thecase, let the petitioner as above be released on bail on furnishing bail bond of Rs. 5000/- ( five thousand ) with two sureties of the like amount each to the satisfaction of the Sri S.B. Shukla, Additional Sessions Judge, I, Begusarai or his successor in connection with Begusaria mufassil P.S. Case No. 315 of 2006. Both the bailors would be his family members. Petitioner would not be absent physically for two consecutive dates at a stretch till three witnesses are examined in trial, failing which his bail bond would be cancelled and he would be taken into custody. Devendra/ (Samarendra Pratap Singh, J.)