IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54365 of 2007 SUSHIL YADAV @ SUSHIL KUMAR YADAV Versus STATE OF BIHAR ----------- 3. 2.5.2008 Heard the learned counsel for the petitioner and counsel appearing on behalf of the State. The petitioner is an accused in a case under Section 364A/34 of the Indian Penal Code. The petitioner’s bail application was earlier rejected on 3.4.2007. A school teacher was kidnapped by four persons on two Motor cycles. One of the Motor cycles became out of order and thus the petitioner and one other turned back to get the Motorcycle repaired. In the meantime, the villagers apprehended this petitioner Learned counsel for the petitioner submits that out of four accused persons in this case, three have been granted bail and this petitioner has remained in custody since the date of the occurrence i.e., 5.10.2005. It has further been submitted that the victim was kidnapped on 5.10.2005 at 4.45 P.M. and he returned at 9.30 P.M. and went to the police station and gave his statement before the police. The petitioner has remained in custody since 5.10.2005 and has a clean criminal antecedent. Be that as it may, the petitioner Sushil Yadav @ Susil Kumar Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand)each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, - 2 - F.T.C. No. IVth, Saharsa in connection with Saharsa (Sadar) P.S.Case No. 315 of 2005 giving rise to Sessions Case No.162 of 2006 with the condition that one of the bailors should be a closed relative of the petitioner and the petitioner should attend the trial which has already commenced, on each and every date and if he absents on a single date without any proper reason ,his bail bond shall stand cancelled. U.K. (Sheema Ali Khan ,J)