IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25850 of 2009 LALAN CHOUBEY, son of Late Ramayan Choubey, resident of village- Asia, Police Station- Natwar, District- Rohtas …Petitioner Versus STATE OF BIHAR …OP ----------- 4/ 27.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 364, 364-A of the Indian Penal Code. It has been submitted that the petitioner is not named in the first information report nor in the statement of the victim when he was recovered. The only material that has transpired during investigation is the mention of the petitioner’s name in the confessional statement of the co-accused Vinay Kumar Singh that it was the petitioner, who had five years ago introduced Vinay Kumar Singh to the co-accused Rakesh Kumar Singh, who had engineered the entire transaction of kidnapping. Apart from the said material, it has been submitted that there is no cogent evidence against the petitioner to connect him with the present occurrence and in fact, he resides and works in Delhi in a private firm. Taking into consideration the aforementioned facts, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas, in connection with Dehri P.S. case no.218 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the - 2 - petitioner, and (ii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)