IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39946 of 2009 KAMRUL MIAN SON OF RIYAJUDDIN MIAN Versus STATE OF BIHAR ----------- 2. 22/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364A/34 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and subsequently, when two out of the four kidnapped persons returned, they named the present petitioner as being one of the Kidnappers but their examination is after an undue delay. A report has been called for from the trial court about the stage of the trial from which it appears that even though charge had been framed on 28.3.2008 but till date not a single witness has been examined despite a number of summons, both bailable and non-bailable against them. In view of the long incarceration of the petitioner who is lying in custody since 9.10.2006, 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 Chief Judicial Magistrate, in connection with subject to the following 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 2 with 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 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 trial court is well advised to take all effective steps including taking the assistance of the S.P. concerned for production of the witnesses so that the trial may be concluded at an early date. S.Ali (Anjana Prakash, J.)