IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3990 of 2010 RAJIV KUMAR @ RAJIV KUMAR BAITHA @ RAJEEV KUMAR S/O RAMCHANDRA BAITHA Versus THE STATE OF BIHAR With Cr.Misc. No.4080 of 2010 AKHTAR ALAM @ SONU S/O MOJEEB ALAM Versus THE STATE OF BIHAR With Cr.Misc. No.4360 of 2010 KUMOD KUMAR SON OF SHAMBHU PRASAD Versus STATE OF BIHAR ----------- 3. 17.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 387 and 120B/34 of the Indian Penal Code. The informant stated that he received extortion calls from Mobile bearing number 9576309089, but in the entire case diary there has been no investigation as to who was the owner of the said number or as to in whose possession this number lay. However during investigation one Kumud Kumar was arrested, who stated that he along with his friends had in fact taken Mobile connections on fake names and three sims were recovered subsequently from the house of one Suman Kumar, but there is no connection between the sims and mobile which has been mentioned in the first information report. The petitioners have no criminal antecedents and are young boys. Under the circumstances, let the petitioners above - 2 - named, who are in custody since 26.11.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Motihari, East Champaran at Motihari Town P.S.case No.384 of 2009, subject to the conditions (i) That one of the bailors will be the father of the petitioners and will take responsibility the actions of the petitioners after they are released on bail, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )