IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6059 of 2010 LALAN PASWAN son of Mahendra Paswan, resident of Mohalla-Saidur, Nand Nagar Colony, Police Station-Bahadurpur, District-Patna. Versus THE STATE OF BIHAR . ----------- 4 30.03.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Jandaha P.S. Case No. 219 of 2007 for the offences punishable under Sections 363 and 365 of the Indian Penal Code. A charge sheet has also been submitted under Sections 364- A and 120-B/34 of the Indian Penal Code. The allegation against the petitioner is that the victim boy was recovered from his house. Learned counsel for the petitioner with reference to the order passed by the Court below submits that his name has transpired on the basis of the statement of the co-accused, Parvej Alam. He submits that there is no other material against the petitioner and that the house does not exclusively belong to him rather is a family house. He further submits that the co-accused, Parvej Alam who was also 2 identified by the victim boy, has been granted bail by a Bench of this Court by order dated 13.2.2009 passed in Cr. Misc. No. 52349 of 2008 and that he has not even been named by the victim boy. He submits that the petitioner is in custody since 14.9.2008 merely on grounds that the house where the victim was recovered, belonged to him. Learned counsel with reference to the orders placed at Annexures 3 and 4 submits that most of co-accused has been enlarged on bail by this Court. Having regard to the facts and circumstances of the case, let the petitioner, Lalan Paswan, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 219 of 2007 subject to the condition that the petitioner would be attending the court below on each and every date fixed and failure on his part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below would grant 3 liberty to the court below to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash (Jyoti Saran, J. )