IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36325 of 2009 1. BITAI RAI @ BITAU RAI, SON OF RAJ BLAMBH RAI. 2. NANDA RAI, SON OF BALESHWAR RAI. ALL RESIDENT OF VILLAGE-MOHANPUR, P.S. RAGHOPUR, DISTRICT-VAISHALI. ………………………………………....PETITIONERS. Versus THE STATE OF BIHAR……….OPPOSITE PARTY. ----------- For the Petitioners : Mr. S.K. Jha, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ------------ 3. 30.11.2009. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in a case registered under Section 364-A of the Indian Penal Code. It has been submitted on behalf of the petitioners that the kidnapped person returned on the same day and on the next day his statement was recorded under Section 164 Cr.P.C. In the aforesaid statement, he has taken the name of these petitioners only on the basis that the miscreants, during the course of their conversation, had taken their names. Apart from that, there is no direct or indirect evidence against these petitioners. It has also been submitted that the petitioners were 2 not put for identification by the victim. The petitioners are in jail custody since 24.3.2009 and stated to be of clean antecedent. Having regard to the facts and the circumstances of the case, the petitioners, namely, (1) Bitai Rai @ Bitau Rai and (2) Nanda Rai, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M. Vaishali at Hajipur in connection with Jurawanpur P.S. Case No.55/02, with a further condition that one of the bailors of the petitioners must be the close relative or their family member who will file affidavit before the court below giving full genealogy showing their relationships with the petitioners. After their release, if the petitioners are again found to be involved in any criminal case of similar nature, the court concerned will be at liberty to take steps for the cancellation of their bail bonds. P.S. (Dr. Ravi Ranjan, J)