Guddu Paswan vs State Of Bihar on 13 July, 2010

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.22649 of 2010
                     GUDDU PASWAN @ CHANDAN PASWAN SON OF KAPIL
                                 PASWAN
                                             Versus
                                      STATE OF BIHAR
                                           -----------

2. 13.7.2010 Heard learned Counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under Sections 363 and 366A/34 of the Indian Penal Code.

It has been submitted that from the narrative of the

statement recorded u/s.164 Cr.P.C. of the victim concerned it

appears that one Vinay is the main accused and it does not appear

to be a case of kidnapping.

In view of such, let the petitioner above named, who is

in custody since 11.5.2010, 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 Chief Judicial Magistrate, Gaya

in Fatehpur P.S.case No.72 of 2010, subject to the conditions (i)

That one of the bailors shall be the grand father of the petitioner

and the other bailor will be a close relative of the petitioner who will

give an affidavit giving genealogy as to how he is related with the

petitioner. The bailor will undertake to furnish information to the

court about any change in the address of the petitioner, (ii) that the

affidavit shall clearly state that the petitioner is not an 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
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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 and (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.

( Anjana Prakash, J. )

Narendra/