IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34437 of 2009 MAHAVIR SINGH KUSHWAHA, S/o late Hanuman Singh Kuswaha, R/o Village – Akhalaspur, P.S. Bhabhua, Distt. – Kaimur ……………..…………….…. Petitioner Versus THE STATE OF BIHAR ……..…….. Opposite Party. ----------- For the Petitioner:- Mr. Krishna Pd. Singh, Sr. Advocate, Ms. Meena Singh and Mr. Bhashkar Shankar, Advocates. For the State:- Mr. R.P.S. Singh, A.P.P. ----------- 3. 11.11.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner has been made accused in a case registered under Sections 363 and 364 (A) of the Indian Penal Code. 2 ½ years old boy was allegedly kidnapped and mobile phone calls for payment of ransom of Rs. Five lacs were made. A boy was recovered after about 25 days from a bogey of a train. It is submitted on behalf of the petitioner that from the order passed by the learned Sessions Judge rejecting the prayer for grant of bail of the petitioner, it would be manifest that Yamuna Paswan and Kamlesh Kushwaha (brother of the petitioner) were involved in this case. The kidnapped boy was kept in the house of 2 Yamuna Paswan and upon the confession of Kamlesh Kushwaha, the boy was recovered from the train. However, the petitioner has been implicated only on the basis of the confessional statement of Yamuna Paswan showing his complicity also in this case. That apart, nothing is apparent against him in the case diary. Petitioner is stated to be in jail custody since 14.06.2009 and it is submitted by the learned counsel for the petitioner that he is also involved in a case registered under Section 307 I.P.C. However, specific evidence of making telephone calls for demand of ransom is against Yamuna Paswan. Learned counsel for the State submitted that the petitioner’s name had been disclosed by co-accused Yamuna Paswan in his confessional statement made before the police and upon the confession of the brother of the petitioner, co-accused Kamlesh Singh Kushwaha, the boy has been recovered. Petitioner has also been disclosed by said Yamuna Paswan as the associate in the occurrence. Having regard to the facts and circumstances of the case, the petitioner, namely, Mahavir Singh 3 Kushwaha is directed to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhabhua (Kaimur) in connection with Mohania P.S. Case No. 129/09, G.R. No. 684/09, subject to the condition that one of the bailors must be the family member or close relative of the petitioner. dk ( Dr. Ravi Ranjan, J. )