IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4572 of 2010 BABLOO MANDAL @ RAJDEO MANDAL, s/o Kailash Mandal Versus STATE OF BIHAR With Cr. Misc. No.4920 of 2010 NIRANJAN MANDAL son of late Basudeo Mandal Versus STATE OF BIHAR ----------- 3/ 01.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 364-A of the Indian Penal Code. Taking into consideration the fact that no ransom was paid and the victim was recovered there and then, let the petitioner Babloo Mandal @ Rajdeo Mandal (Cr. Misc. No. 4572 of 2010) 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 the Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon P.S. case no.681 of 2008, subject to the 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 with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not accused in any other case 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, and (iv) that the petitioner will be well - 2 - represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioner is no accused in any other case will be verified by the Magistrate before releasing the petitioner on bail. So far petitioner Niranjan Mandal (Cr. Misc. No.4920 of 2010)is concerned, taking into consideration that the petitioner is in custody 15.12.2008, let him (Niranjan Mandal) 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 the 2nd Additional Sessions Judge, Bhagalpur, in connection with Kahalgaon P.S. case no.681 of 2008, (G. R. No.4453 of 2008), subject to the 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 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, and (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. In view of the antecedents of the petitioner Niranjan Mandal, he is directed to appear before the Superintendent of Police, Bhagalpur, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next one year. The conduct of the petitioner will be kept under watch in this period by the - 3 - Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. JA/- (Anjana Prakash, J.)