IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1679 of 2009 PRADUMAN SAH, S/o Dinanath Prasad, R/o Vill. Uchidih P.S. Harpur, District. East Champaran Versus The STATE OF BIHAR ----------- For the Petitioner : Mrs. Archana Sinha. For the State : Mr. R.B. Roy Raman, A.P.P. ----- 3/ 14.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. It is a case of kidnapping. Petitioner’s younger cousin was asked by him to give information about co-accused persons near Chathiya Ghat fromwhere he was taken on motorcycle to unknown destination and after his kidnapping, some ransom was also demanded. Several participants disclosed in course of investigation having three of them namely, Mustaque Alam, Sabir and Nasim taken part in the alleged crime and they have been allowed bail by different Bench of this Court and this petitioner remained in custody since 16.07.2007 from the date of his arrest. The period of custody is mainly emphasized by the learned counsel for the petitioner that maximum punishment or custody of the petitioner may be of three years. He served near about two years and five months. So, he may be allowed to bail but that has not been considered. Taking into consideration the period of custody, petitioner appears entitled for bail. Accordingly, revision petition is allowed. The Order dated 01.09.2009 passed by the Sessions Judge, Motihari in Cr. Appeal No. 50 of 2009 and the order dated 07.07.2009 passed by the Juvenile Justice Board, Motihari in Trial No. 485 of 2009 are set aside. Above named petitioner is directed to 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 Additional Sessions Judge-IX, Motihari in connection with Trial No. 485 of 2009. One of the bailers shall be the father of the petitioner, who would undertake to keep the petitioner under his observation and produce whenever is required by the Juvenile Justice Board or Court. Shail (Mandhata Singh,J.)