IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35687 of 2008 Ravindar Mishra Versus The State of Bihar ----------- For the petitioner: Mrs. Veena Rani Prasad, Advocate. For the State : Mr. Upendra Kumar, A.P.P. 4 12.12.2008 Heard. Petitioner seeks bail in a case instituted under Section 364(A) of the Penal Code. It appears that the First Information Report was recorded against unknown persons. It appears from the materials available on record that in course of investigation, several co- accused, namely, Jagdish Thakur, Ram Bachan, Sanjay Pandey, Vinod Choudhary and Sanjay Tiwari have made confessional statement from which the name of the petitioner surfaced as one of the co-accuseds. Learned counsel for the petitioner further submits that eight of the co-accuseds who were put on trial vide Sessions Trial No. 250 of 2006 and by judgment dated 20.09.2006 they have been acquitted for want of reliable evidence. In this regard, learned counsel for the petitioner places reliance on the judgment which has been annexed as Annexure-2 of the bail application. Learned counsel for the petitioner further submits that except the alleged confessional statement of the co-accuseds there is nothing on record to implicate the petitioner in this case. It has also been submitted that the kidnapped person returned home only after five days of the alleged occurrence. It has further been 2 submitted that the petitioner is in custody since 23.03.2007. Having regard to the facts appearing on the record, this court is inclined to admit the petitioner to bail. Let the petitioner, namely, Ravindar Mishra 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 Ist Additional Session Judge, Sasaram, Rohtas, in connection with Sessions Trial No. 3092/2007 arising out of Sanjhauli P.S. Case No. 12/2005, subject to the following conditions: (i) One of the bailors should be the own family member of the petitioner. (ii) The petitioner will appear, in person, on each and every date fixed in the case before the court below concerned. In case of default, in appearing before the court below concerned, the trial court shall be at liberty to cancel the bail bond of the petitioner and secure his arrest by adopting procedure prescribed in law. Sym ( Kishore K. Mandal, J.)