IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.42266 of 2010 Amar Nath Sah @ Aash Kumar Sah, Son of Suman Sah @ Suman Sah, Resident of Village – Madhiya, Police Station-Basopatti, District- Madhubani. …..Petitioner. Versus The State of Bihar …..Opposite Party. For the Petitioner : Mr. Gagan Deo Yadav, Advocate. For the State : APP. ---------------------------------- 03/ 03.08.2011 Heard learned Counsel for the petitioner and learned Counsel for the State. The petitioner’s prayer for bail was rejected earlier. The case relates to the kidnapping of the informant’s son. Informant suspected the hands of Madhuri Sah and others. The petitioner has been described as son-in-law of Madhuri Sah. In course of investigation, the dead body of the kidnapped person was recovered from the paddy crops of Madhuri Sah. Submission is that Madhuri Sah has been admitted to bail vide Annexure-4. There is no progress in the trial. Earlier, prayer for bail of the petitioner was rejected on 18.08.2010 considering the expectation that the trial was likely to be concluded soon, because only investigating officer and doctor were to be examined. According to the report, 2 the doctor had not been examined and the investigating officer has been partly examined. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Fast Track Court I/court concerned, Madhubani in connection with Sessions Trial No. 555 of 2008 arising out of Basopatti P.S. Case No. 95 of 2008 subject to the following conditions: (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. 3 (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. kksinha/- (Shyam Kishore Sharma, J.)