IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1937 of 2008 SHYAM SUNDAR RAI @ SHYAM SUNDER YADAV & ANR Versus STATE OF BIHAR ----------- 04/ 08-05-2008 Heard. The petitioners are accused in a case under Sections 364(A) and 216 of the Indian Penal Code. The allegation is that on 6.7.2006 5-6 unknown persons kidnapped informant’s father Karu Sao. On 17.7.2006 there was encounter between the Police and the miscreants. Two criminals, namely, Ranjan Yadav and Sanjay Yadav were arrested and the victim was rescued. Thereafter the statement of the victim was recorded. Learned counsel submitted that in the statement before the Police victim Karu Sao did not name the petitioners. His statement under Section 164 Cr.P.C. was also recorded. Again he did not name the petitioners. He submitted that about six months after the alleged occurrence one of the accused named the petitioners before the Police. It appears that the petitioners are in custody since 1.2.2007 and 4.1.2007 respectively. In the facts and circumstances of the case, the two petitioners, namely, Shyam Sundar Rai @ Shyam Sunder Yadav and Jatta Rai @ Jatta Yadav @ Jatu Yadav are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IIIrd, Barh in connection with Sessions Trial No. 1457 of 2007 arising out of Mokama G.R. P. Case No. 16 of 2006. S.Sb/- (Madhavendra Saran, J.)