IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11785 of 2011 Rahul Kumar @ Bhothari Singh, S/O-Sri Sitaram Singh @ Karu Singh Versus The State Of Bihar ----------- 04 03.11.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is an accused of Section 364 A/34 of the Indian Penal Code. Admittedly, the victim was rescued by the police officials after the alleged occurrence and the statement of victim was recorded under Section 164 of the Cr.P.C. in which victim specifically stated that it were petitioner and one Amit who took him away on the point of pistol. Learned counsel for the petitioner submits that one co- accused, namely, Ram Ratan Kumar had been granted bail by learned Additional Sessions Judge-13, Patna vide order dated 11.06.2010 passed in B.P. No. 2490 of 2010 and the case of this petitioner is on better footing to that of above stated co-accused Ram Ratan Kumar who had been caught by the police at the spot along with victim of the present case and the aforesaid co-accused Ram Ratan Kumar was subsequently put on Test Identification Parade and he was identified in Test Identification Parade but I am not at all convinced with the submission of learned counsel for the petitioner. It is a serious case of kidnapping in which the victim anyhow could be rescued by the police and furthermore, the victim has specifically stated about the role played by this petitioner in the 2 alleged crime. No doubt, one co-accused Ram Ratan Kumar has already been granted privilege of bail by learned Additional Sessions Judge itself but considering the nature of offence as well as allegation levelled against the petitioner, I do not feel it proper to release the petitioner on bail. Accordingly, his prayer for bail in connection with Kankerbagh P.S. Case No. 45 of 2010 pending in the court of Chief Judicial Magistrate, Patna is, hereby, rejected. SHAHZAD ( Hemant Kumar Srivastava, J.)