IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30891 of 2008 SHIV SHANKAR YADAV Versus STATE OF BIHAR ----------- 4 3.9.2008 This is the third attempt for bail on behalf of the petitioner Shiv Shankar yadav. It relates to kidnapping of a couple named as Anand Chaudhary and Mamta Devi. Both of them have given their statement under Section 164 Cr.P.C. naming several persons. With respect to this petitioner the name does not appear in the body of the statement but it appears in the last line of the statement of Anand Chaudhary only, stating that the petitioner used to guard them if no one else was available. Learned counsel submits that the statement with respect to the petitioner is tutored. The police has make him accused on the ground that refused to testify against the criminals. Learned counsel for the petitioner submits that the petitioner is in custody since 26.10.2006 and the petitioner has a clean antecedent. The main point raised on behalf of the - 2 - petitioner is that nine co-accused persons who were arrested were examined by the police and have made their confessional statement naming several co-accused persons but not a single person who is accused in this case has disclosed the petitioner as one of the participants in the said occurrence. On the basis of the aforesaid facts, it has been submitted that the name of the petitioner has been inserted as an after thought as he happens to be the neighbour of Bibhuti Yadav where the victims were retained in custody, and on the basis of this fact, the petitioner has been named by one of the victims. Considering that the petitioner has a clean antecedent and has remained in custody for two years and the facts aforesaid, it is directed that the petitioner Shiv Shankar Yadav should be directed on bail in Muffasil P.S. Case No. 315 of 2006 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai with the conditions that one of the bailer should be - 3 - close relative of the petitioner, the petitioner shall appear on each and every date as and when required by the Court and if he absents himself even for a single date without cause his bail bond shall stand cancelled. Sanjay (Sheema Ali Khan, J.)