IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40062 of 2009 LALAN THAKUR SON OF JAMUNA THAKUR, RESIDENT OF VILLAGE-DHANAUJI, P.S. SAHODRA, DISTT. WEST CHAMPARAN. -----PETITIONER. Versus STATE OF BIHAR ----------- 2. 11/11/2009 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner is an accused in a case under Section 364A of the Indian Penal Code. This is third attempt of the petitioner for grant of bail. Learned counsel for the petitioner submits that the petitioner has remained in custody for three years. It is further submitted that from the order dated 16.7.2008, it is clear that only six witnesses were examined in this case. The impugned order of the Sessions Judge dated 21.8.2009 discloses that the case has not proceeded any further. Learned counsel addressing the Court on merit submits that out of the three kidnapped persons, one has stated during evidence that he heard the other criminals taking the name of the petitioner. The petitioner is in custody for three years. The case is not progressing. Considering the facts, the petitioner above named is directed to 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 Additional Sessions Judge, 2 Fast Track Court-V, Bettiah, Distt. West Champaran, in connection with Sessions Trial No. 295 of 1997 arising out of Gaunaha P.S. Case No. 72 of 1996 with condition that he must give an undertaking and file an affidavit in the court that he will appear on each and every date as and when required by the court below and if he absents even a single date, his bail bond will be liable to be cancelled. S.Ali (Sheema Ali Khan, J.)