IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9231 of 2010 SURENDRA CHOUDHARY @ SURENDRA YADAV son of late Dina Yadav, resident of village Lohijara, Police Station Sidhwalia, District Gopalganj, … …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mr. Rakesh Kumar, Advocate For the State : Mr. U.S.P. Singh, APP ----------- 4 20.04.2010 Heard learned counsel for the petitioner and the State. The petitioner is in custody and seeks bail in a case registered under sections 364(A) and 120B of the Indian Penal Code. It is submitted on behalf of the petitioner that the first information report was lodged against three unknown persons, who had kidnapped the alleged victim boy of nine years. However, it is alleged that on pointing out by the petitioner as well as his relation Devanti Devi, the boy was recovered from a sugarcane field. The allegation is that the petitioner and accused Devanti Devi were instrumental in supplying food to the kidnappers. Learned counsel for the petitioner submits that the petitioner has been implicated in this case only on the basis of self incriminating confessional statement recorded by the police, however, the victim boy has not named the petitioner. 2 The petitioner has not been put on the test identification parade. Co-accused Devanti Devi has been granted bail by a Bench of this Court vide order dated 15.02.2010 in Criminal Miscellaneous No. 3822 of 2010. The petitioner is stated to be in custody since 17.11.2009. The petitioner, who is aged about 60 years, is also stated to have a clean antecedent. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, SURENDRA CHOUDHARY @ SURENDRA YADAV, to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in Gopalganj Police Station Case No. 248/2009 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, after his release, if the petitioner is again found involved in similar kind of offences, the court concerned would be at liberty to take steps for cancellation of his bail bonds. The petitioner shall also remain present on each and every date during the course of the trial and if the petitioner fails to remain present on two 3 consecutive dates in course of trial without any reasonable cause shown by him, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)