IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.15770 OF 2009 SUMIT KUMAR, SON OF SHRI SUBHASH CHANDRA BHARDWAJ, RESIDENT OF VILLAGE NAYANAGAR, POLICE STATION HASANPUR, DISTRICT SAMASTIPUR VERSUS THE STATE OF BIHAR WITH CR.MISC. NO.20970 OF 2009 MANTOON SINGH @ JAYANT KUMAR, SON OF GIRISH CHANDRA PRASAD SINGH, RESIDENT OF VILLAGE NAYANAGAR, POLICE STATION HASANPUJR, DISTRICT SAMASTIPUR VERSUS THE STATE OF BIHAR ********* 3 21/08/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are accused in a case under Section 364A of the Indian Penal Code. It has been alleged that the main accused persons came to the brick kiln of the informant and kidnapped the Manager and two labourers of the said kiln. During investigation, it appears that the Investigating Officer has found that the petitioner Mantoon is closely associated with Shambhu who is a criminal. It is said that the petitioners Mantoon and Sumit Kumar were seen taking the money in lieu of ransom. Mantoon was caught with Rs. 50,000/- whereas Sumit Kumar was 2 carrying a mobile which was allegedly used to inform the boss that the money has been received. Learned Counsel for the petitioners submits that on perusal of paragraph 16 to 25 of the case diary, it has not been indicated as to which of the witnesses have actually seen the money being exchanged between the petitioners and others. It is further submitted that the kidnapped persons were returned on the very next date of the occurrence and it will be impossible that the money has been paid within one day of the alleged kidnapping. Learned Counsel for the petitioners submits that as far as petitioner Sumit Kumar is concerned, he is involved in two other criminal cases appertaining to a dispute arising in his village. It is submitted that those cases are of the year 2005 and after that the petitioner is living at Begusarai and not at his village home. So far as petitioner Mantoon is concerned, he is accused in 2-3 criminal cases under Section 395, 302 of the Indian Penal Code. The petitioners are in custody since 14.01.2009. Considering the allegations against the petitioner Mantoon and the period of custody, I am not inclined to grant bail to the petitioner Mantoon. 3 As far as the case of Sumit Kumar is concerned, this Court is rejecting the prayer for bail at this stage. Anand ( Sheema Ali Khan, J. )