IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35617 of 2009 BINOD MAHTO @ BINOD KUMAR, SON OF NATHUNI MAHTO, RESIDENT OF VILLAGE BARAULI, P.S. BARAULI, DISTRICT- GOPALGANJ………………………………………………..PETITIONER. Versus THE STATE OF BIHAR………………………………..OPPOSITE PARTY. ----------- For the Petitioner : Mr. Upendra Kumar, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ---------- 2. 15.10.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 364, 395, 412, 328, 120(B) of the Indian Penal Code and Sections 25(1-B)A, 26/35 of the Arms Act. The informant is the Driver of the alleged truck. It is alleged that while he was returning to Kodarma after unloading the truck, it was stopped and the miscreants took away the truck owner and Khalasi and the Driver in a Sumo Victa. The cash of Rs.48,000/- and Nokia mobile was also snatched. Allegedly, from the possession of the petitioner one live cartridge was recovered. It has been submitted on behalf of the petitioner that neither the kidnapping nor the dacoity was done and the case has been lodged merely on suspicion. Further submission is that several other accused persons, namely, Sanjay Poddar, Praveen Mahto, Gautam Kumar, Rohit Sharma and Dipak Ghosh, have already been granted bail by this Court. One of such order has been brought on record by way of - 2 - Annexure-2 to this application. The petitioner is stated to be of clean antecedent. Having regard to the facts and the circumstances of the case, the petitioner, Binod Mahto @ Binod Kumar, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, in connection with Rajauli P.S. Case No.119 of 2008 , with a further condition that one of the bailors of the petitioner must be the close relative or his family member. P.S. (Dr. Ravi Ranjan,J)