IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40120 of 2010 DILIP SINGH, son of Nagendra Singh of village-Banghara, P.S.-Raja Pakar, District-Vaishali Versus STATE OF BIHAR ----------- 2 08.11.2010 Learned counsel for the petitioner is permitted to make correct in paragraph 1 of the application. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with Hazipur Sadar P.S. Case No.226 of 2005 for the offence punishable under Sections 364A, 307/34, 120B and 395 of the Indian Penal Code. The allegation against the petitioner is of being author of the alleged kidnapping. Learned counsel for the petitioner submits that save and except that the name of this petitioner has transpired during the course of investigation by reason of confessional statement of other accused persons, there is no other material connecting this petitioner with the alleged offence. He further submits that the petitioner was already in custody since 26.11.2007 and has been remanded in the present 2 case on 13.07.2010 from the said case. Learned counsel further submits that in similar circumstances, several co-accused namely Rajeev Kumar Singh @ Rajeev Singh, Manoj Tiwari, Surendra Rai, Rakesh Kumar @ Chunnu Thakur and Rajoo Rai have been granted bail by a bench of this Court. He thus submits that as the case of the petitioner stands on same and similar footing, it deserves consideration. Taking into consideration the circumstances and considering the submissions of the learned counsel, let the petitioner, Dilip Singh be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.226 of 2005 subject to the following conditions 1. that the father/brother of the petitioner shall stand as one of the bailor and who shall be under a duty to inform the Court below in case this petitioner after his release in the present case, is named or is found involved in any further case of 3 similar nature and whereupon the court below shall be at liberty to cancel the bail bond of the petitioner on grounds of misuse. 2. that the petitioner would ensure his representation before the court below on each and every date fixed in the case and upon failure on his part to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would confer liberty on the court concerned to cancel the bail bond of the petitioner and take him into custody. Bibhash (Jyoti Saran, J.)