IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1296 of 2010 CHANDAN KUMAR SON OF NAND KISHORE SINGH @ NAND KISHORE PD SHARMA Versus THE STATE OF BIHAR ----------- 2. 28/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 384, 385 and 386 of the Indian Penal Code. From the facts of the case, it appears that a demand for ransom was made from a Mobile phone No. 9473377510 in the name of one Badshah which was traced to one Pankaj Kumar, the President of Lok Janshakti Party. It transpired during investigation that the said Mobile was recharged from a local number i.e. 9386591379 which belonged to the petitioner. The submission is that since the petitioner runs Travel Agent shop in the Area and well known to a number of persons, it is quite possible that on the request of Pankaj Kumar, the said phone was activated from his Mobile but it does not lead to the conclusion that the petitioner was involved in any manner with the demand of ransom, because he never been involved in any other case of similar nature. Subsequently, the petitioner was made an accused in a similar case for the same reason i.e. activating the said Mobile phone which was used for calls of ransom to one 2 Pramukh. Taking into consideration the aforementioned facts, let the petitioner above named, who is in custody since 26.9.2009, 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, Muzaffarpur, in connection with Sakra P.S. Case No. 347 of 2009 subject to the following 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. (iii)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. S.Ali (Anjana Prakash, J.)