IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17416 of 2010 RAGHO RAM S/O LATE RAM AWTAR RAM Versus STATE OF BIHAR ----------- 2. 19.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 406, 420, 364, 302 and 201/34 of the Indian Penal Code. The prosecution case is that the complainant/informant’s brother had been taken away by the petitioner’s brother about two and half years ago on the pretext of being sent for employment, but he never returned and, therefore, the accused persons were suspected to have kidnapped the victim and killed him for ulterior purposes. However, considering that there is inordinate delay in the institution of the case as also the entire allegation is civil in nature and the petitioner is in custody since 14.10.2008, let the petitioner above named 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 Sri Yougesh Sharan Tripathi, J.M. 1st class, Siwan in Siwan Mufasil P.s.case No.211 of 2004, subject to the 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the bailor shall also state on affidavit that he will - 2 - 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 and (iii) 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. The fact that the petitioner is an accused in only one other case will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )