IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.405 of 2010 MINTOO PANDEY, SON OF SUBHASH PANDEY Versus STATE OF BIHAR ----------- 3. 07/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364(A) and 34 of the Indian Penal Code. The prosecution case is about the alleged kidnapping for ransom of the minor child of a medical Practitioner by his own Compounder and his associates. During investigation, it transpired that there was a huge network in which the accused persons had operated for the alleged kidnapping for reasons of demand of ransom. So far as the petitioner is concerned he is not named in the statement of the victim recorded under Section 164 Cr. P.C. wherein he has named a number of persons. The petitioner’s name was disclosed in the confessional statement of the co-accused Munna Singh where in all that has been said against the petitioner is that he also came to the place where the kidnapped boy had been kept along with the co-accused Devendra and Sanjay but there is no implication of the petitioner either in the kidnapping or demand of ransom. In view of such, let the petitioner above named, who is in custody since 2.6.2009 and has no criminal anteedents, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, West - 2 - Muzaffarpur, in Motipur P.S. Case No. 68 of 2009 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)