IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39208 of 2009 1. MUNSHI PASWAN, son of Gopi Paswan 2. BASANT MANJHI, son of late Triveni Manjhi .. Petitioners Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 11.11.2009 Heard both the sides. 2. The petitioners seek bail in a case instituted under Section 364 and other allied sections of the Indian Penal Code. 3. Taking into consideration the fact that in the first information report itself it has been stated that when the kidnapped person was being taken away some of the villagers followed the miscreants despite which the petitioners’ name have not been disclosed in the first information report even though they belong to the same area and are known to the witnesses, let the petitioner no. 1, who is in custody since 05.06.2009, and petitioner no. 2, who is in custody since 09.06.2009, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Khizar Sarai P.S. Case No. 81 of 2009 to the satisfaction of the Chief Judicial 2 Magistrate, Gaya, on the conditions (i) that one of the bailors will be a close relative of each of the petitioner swho will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner(s) is/are implicated in any other case of similar nature after his/their 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 and (iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if he/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)