IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2709 of 2010 PANKAJ KUMAR SAH SON OF BIRJU SAH Versus STATE OF BIHAR ----------- 2. 29.1.2010 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. In the first information report it has been alleged that certain rangdari calls were made from a mobile no.9473377510 which was traced to one Kundan Kumar, who was the actual user of the said mobile. It transpired that the petitioner, who is owner of a mobile shop, had in fact activated the said mobile using the phone of co-accused Chandan Kumar, but there is no direct evidence that the petitioner was involved in the demand of rangdari. In view of the aforesaid facts, let the petitioner above named, who is in custody since 21.10.2009, 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 Sakra P.S.case No.349 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 - 2 - 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 of bail and (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. Narendra/ ( Anjana Prakash, J. )