IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14029 of 2009 BHOLA KAPAR, SON OF RAM TANUK KAPAR, RESIDENT OF VILLAGE- GUNAI BASAHI, POLICE STATION- TAJPUR, DISTRICT- SAMASTIPUR. ----- PETITIONER Versus STATE OF BIHAR ----------- 4 24.6.2009 Petitioner’s bail application had been rejected on two earlier occasions. The trial of this case has commenced and eight witnesses have been examined in this case. Learned counsel further submits that the informant has stated in Court that he came to know that Ram Japan Rai, Ashok Kumar Rai, Rajesh Sah, Premi Sahani @ Firangi Sahani, Pramod Sahani, Bhola Kapar (petitioner) and Amarjeet Sahani were the persons responsible for taking away Rahul the kidnapped boy. It is said that the informant learnt the names of the aforesaid persons through Kismat Devi who has been examined as P.W. 1. Learned counsel for the petitioner has read out the evidence of P.W. 1 from the certified copy of her evidence in which it has been stated that Ashok Kumar Rai, Ram Japan Rai, Pramod Sahani and Rajesh Sah in one way or the other were involved in the said occurrence. Learned counsel submits that the petitioner has - 2 - not been named by P.W. 1 and the informant has stated that his information was lodged on the basis of the fact stated to him by P.W. 1. The petitioner is in custody since 16.6.2006. Considering these aspects, petitioner Bhola Kapar is directed to be released on bail in connection with Tajpur P.S. Case No. 151 of 2006 giving rise to Sessions Trial No. 906 of 2006/30 of 2006 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-Cum-Fast Track Court No. 4, Samastipur with the conditions that (a) one of the bailer should be a close family member of the petitioner and (b) the petitioner should appear on each and every date during trial as and when required and if he absents himself even for a single date without reasonable cause, his bail bond shall stand cancelled. Sanjay (Sheema Ali Khan, J.)