IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37668 of 2009 1. BIRENDRA PRASAD, SON OF LATE BRAHMDEO MAHTO, RESIDENT OF VILLAGE-MIRANPUR, P.S. KORMA, DISTRICT-SHEIKHPURA. 2. SHANKAR PRASAD, SON OF SRI KAILASH PRASAD, RESIDENT OF VILLAGE NAGDIH, P.S. BARBIGHA, DISTRICT-SHEIKHPURA. ……………………………………………PETITIONERS. Versus THE STATE OF BIHAR…………OPPOSITE PARTY. ----------- For the Petitioners : Mr. Ajay Kuma Thakur, Advocate. For the State : Mr. R.B. Roy ‘Raman’, A.P.P. --------- 3. 27.11.2009. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are the accused in a case registered under Section 364-A of the Indian Penal Code besides Section 27 of the Arms Act. It has been submitted on behalf of the petitioners that they have been made accused in this case only on the basis of suspicion that mobile numbers of these petitioners were in use during the concerned period. Apart from that, there is no direct or indirect evidence pointing towards the complicity of these petitioners. It is stated that even the - 2 - mobile numbers were being used by one Soni Mukhiya who was keeping mobile phones in the name of his relations with him. The petitioners are stated to be in custody since 14.9.2009. Co-accused, Ram Pravesh Chauhan, who was allegedly apprehended on the spot at the time of abduction of the victim boy, who was abducted and released after two days, had been granted bail by a Bench of this Court vide order dated 5.4.2006 passed in Criminal Misc. No.9045 of 2006. Learned counsel for the petitioners produces the certified copy of the aforesaid order. Let it be kept on record. Having regard to the facts and the circumstances of the case, the petitioners, namely, (1) Birendra Prasad and (2) Shankar Prasad, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura P.S. Case No.368/04, with a further condition that one of the bailors of the petitioners must be the close relative or their family member, who will file affidavit before the court below giving full genealogy - 3 - showing their relationships with the petitioners. After their release, if the petitioners are again found to be involved in criminal case of similar nature, the court concerned will be at liberty to take steps for cancellation of their bail bonds. P.S. (Dr. Ravi Ranjan,J)