IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44530 of 2008 GARIB MUKHIA S/o Phulen Mukhia, R/o Village- Kokraha, P.S. Alouli, Distt- Khagaria --------------- Petitioner Versus STATE OF BIHAR -----------------Opposite Party ----------- 2. 5.2.2009 Heard learned counsel for the petitioner and the State. The offence is alleged under Sections 364(A)/34 of the Indian Penal Code. It is submitted that although the allegation against the petitioner is that he went away with the kidnapped boy who was caught by the villagers. It would appear from the perusal of the deposition of P.W. 1 as contained in Annexure-4, in the examination as well as cross examination that the kidnapped boy was taken away by one Ram Das and not by the petitioner. It is further submitted that earlier the petitioner’s prayer for bail has been rejected by this Court vide order dated 7.12.2007 passed in Cr. Misc. No. 33060/07. The above facts were not brought by this petitioner at the time of hearing on the bail petition filed by him earlier. The petitioner is in custody since 23.12.2006 and has no criminal antecedent as stated in paragraph no. 5 of the petitioner. Considering the facts and circumstances of the case, let the petitioner Garib Mukhia be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each - 2 - to the satisfaction of theChief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 203 of 2006, G.R. No. 1828/06. P. Kumar (Shailesh Kumar Sinha, J.)