IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22082 of 2010 PINNU YADAV @ PANNU YADAV Versus STATE OF BIHAR ----------- 2 02.07.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Asthawan (Bind) P.S. No. 78 of 1997(S.Tr.No.34 of 2010) for offences punishable under Sections 364(A)/34 of the Indian Penal Code. Learned counsel for the petitioner with reference to the statement of allegation as set out in the F.I.R. submits that the informant has specifically named two persons who have committed the kidnapping of her son namely, Ram Pravesh Yadav and Sahdeo Yadav. He further submits that the name of this petitioner has transpired by reason of a statement made by the co-accused Ram Pravesh Yadav. It is submitted that though the petitioner was in custody in connection with another case with effect from 26.09.2001 to 18.03.2006 but at no stage the police took any step for remanding the petitioner in this case or seeking his production and ultimately he was 2 released from custody in the said case after five years. It is stated that the petitioner gathering information of his implication in the present case, voluntarily surrendered on 27.6.2009 and has remained in custody and even in this period he has not been put on T.I. Parade. He thus submits that the involvement of the petitioner in the present case is not correct. Having regard to the circumstances and the submissions of the learned counsel for the petitioner, let the petitioner namely, Pinnu Yadav @ Pannu Yadav be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned 4th Additional Sessions Judge, Nalanda at Biharsharif in connection with Asthawan (Bind) P.S. No. 78 of 1997 (S.Tr. No. 34 of 2010) subject to the following conditions:- (1) that the close relative of the petitioner would stand as one of the bailors and who shall be under a duty to inform the Court below in case this petitioner is named or gets involved in any further case of similar nature after his release in the present case 3 and whereupon the Court concerned shall cancel the bail bonds of the petitioner on grounds of misuse. (2) that the petitioner would be attending the Court below on each and every date fixed in the case and failure on his part to attend the Court on two consecutive dates without reasonable explanation to the satisfaction of the Court below would confer liberty to the Court concerned to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash ( Jyoti Saran, J.)