IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16632 of 2008 BHOLA MANDAL Vrs STATE OF BIHAR ****** 2 16-05-2008 Heard learned counsel for the petitioner and also learned APP on behalf of the State. The petitioner is an accused in a case u/ss 364A and 120B/34 of the Indian Penal Code. The allegation is that on 19.1.02 FIR named three accused persons along with 10-12 unknown miscreants variously armed came and took away the informant’s son, named, Sanjay Paswan. The police was informed about the incident on 20.1.02. Sanjay Paswan returned back home 3-4 days after the alleged occurrence. His statement u/s 161 of the Cr. P.C was recorded in which he did not name the petitioner. Learned counsel submitted that during the course of investigation accused Shankar Mandal confessed before the police and named the petitioner. He submitted that Shankar Mandal faced the trial and was acquitted. Learned counsel further submitted that petitioner is rotting in custody since 27.12.07 without there being any evidence against him. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount - 2 - each to the satisfaction of Sri R. K. Pandey Judicial Magistrate, 1st class, Katihar in Falka PS case no. 7/02. BKS/ (M. Saran,J.)