IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39056 of 2009 FULO CHOUDHARY @ FUTO @ FULENDRA CHOUDHARY, son of Lalo Choudhary, resident of village Ranganiya, P.S. Salkhua, District Saharsa Versus STATE OF BIHAR ----------- 2. 16.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner not named in the F.I.R. for offence u/s 364A/34 of the Indian Penal Code has been brought into the ambit of the case on the basis of statement of the victim Chitranjan Bhagat who allegedly after his recovery had made a statement u/s 164 Cr.P.C. where he had failed to reveal the identity of the persons who had kidnapped him and in fact in his long seven pages statement he has only gone to name a few persons who had earlier been demanding money from him. It is said that in course of such demand the petitioner was also paid a sum of Rs. 1000/-. The petitioner is not one who had kidnapped the aforementioned Chitranjan Bhagat and in fact he is also not one of them whose name was suspected by the victim on hearing their names being called by the accused among themselves, such as Gonu 2 Surendra/ Singh, Pramod Singh amd Ranvir Singh. In that view of the matter, when the petitioner has got no criminal antecedent his case being distinguishable to the case of other co-accused persons, he would be entitled for being released on bail after completing six months of his judicial custody. That being so, this Court would direct for release of the abovenamed petitioner on bail on or after 9.12.209 on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Salkhua P.S.Case No. 77/2009, but his one of the bailers will be either of his parents or his wife and it is further made clear that the petitioner will remain present in course of trial and his absence on two consecutive dates in course of such trial will make him liable for cancellation of his bail. It would be, however, also part of conditions of grant of bail to the petitioner that if he is now again found to be involved in any similar type of offence, his present bail shall also stand cancelled. (Mihir Kumar Jha,J.) 3