IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42822 of 2009 JAI CHAND PASWAN, SON OF SRI KISU NATH PASWAN Versus STATE OF BIHAR ----------- 4. 07/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364(A) and 34 of the Indian Penal Code. The prosecution case is that a minor son of the Informant was kidnapped by his own Compounder and some unknown persons. During investigation, the boy was recovered and he gave a detailed statement recorded under Section 164 Cr. P.C. but did not name the present petitioner. On suspicion the petitioner’s name transpired in the case diary that he was also involved but there is no cogent material in the case diary to support the same. In fact, the co-accused Birendra Thakur and Munna Sahani who have given detailed description of the planning and execution of the kidnapping do not mention the name of the present petitioner. In view of such, let the petitioner above named, who is in custody since 3.6.2009 and there is no other case of kidnapping against him, 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 Sub Divisional Judicial Magistrate (West), Muzaffarpur, in Motipur P.S. Case No. 68 of 2009 subject to the following conditions: (i)That one of the bailors - 2 - will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other shall be local in nature since the petitioner belongs to Gorakhpur. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case of kidnapping and if he is, he shall not be released on bail. (iii)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. (iv)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v)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. S.Ali (Anjana Prakash, J.)