IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46635 of 2009 MANISH KUMAR SON OF LATE DHRUP PRASAD Versus STATE OF BIHAR ----------- 3. 4.5.2010 Supplementary affidavit filed today be kept on the record. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364/34 of the Indian Penal Code. The petitioner is not named in the first information report and subsequently his name transpired in the confessional statement of the co-accused alleging that the petitioner was also involved in the kidnapping and confinement of the victim in his house. The submission is that the petitioner was in jail during the period mentioned since he is in custody since 17.7.2007 and continued to remain in jail till his remand in the present case on 6.6.2009 and, therefore, his complicity cannot be based on any legal material. In view of such, 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 T.K. Sinha, S.D.J.M. West, Muzaffarpur in Motipur P.S.case No.68 of 2009, 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 - 2 - court about any change in the address of the petitioner, (ii) that the bailor shall also state on affidavit that he will 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, (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 and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioner was in jail from 17.7.2007 in connection with Kesharia P.S.case No.95 of 2007 and continued to remain in jail custody during the period of kidnapping and recovery of the victim will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )