IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24936 of 2010 ANIL KUMAR SINGH Versus The STATE OF BIHAR ------ 2/ 19.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. After receiving information about kidnapping, Police actively chased the Bolero and recovered the kidnapped boy. While taking attempt to back the vehicle that went in a ditch. Occupants of the vehicle challenged the Police. There were firing and counter firing also. One of the accused persons dead and one of them was caught who disclosed the name of all the occupants on Bolero involved in kidnapping or firing. According to the learned counsel, petitioner is not any of them. Arms were also recovered. Certainly, he was not in possession of any of the arms. He is owner of the vehicle and has been involved in the case on conspiracy angle. Defence is about taking away of the vehicle by its driver by making representation to attend marriage ceremony in relation. If that is not believed then also conspiracy may be for kidnapping but act of the police may never be opposed by person not present nor there can be any firing on his behalf nor any responsibility can be fixed for having in possession of any arms. This 2 case is for the offence under Sections 307, 353, 120B/34 of the I.P.C. and 25 (1-B)A, 26/27/35 of the Arms Act. Considering the facts and circumstances of the case, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Siswan P.S. Case No. 111 of 2007 above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of C.J.M., Siwan subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)