IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17484 of 2010 RAJINAND RAI @ SOSWA son of Late Yadu Rai Versus STATE OF BIHAR ----------- 2/ 19.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 385 and 387 of the Indian Penal Code. Prosecution case is that the informant was threatened and a demand for Rangdari was made by one Munchun Sah. During investigation, it transpired that one Uma Shanker Sah was seen near the Petrol Pump on the date of occurrence, who happens to be the man of Munchun Sah and the petitioner was along with him. It has been submitted that the petitioner happens to be the brother-in-law of Uma Shanker Sah and, therefore, it was not unusual for him to be with him. Further submission is that the petitioner has no criminal antecedent which fact will be verified by the court below before releasing the petitioner on bail. In view of such, let the petitioner, above named, 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, Motihari, East Champaran, in connection with Dhaka P.S. case no.121 of 2005, 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit - 2 - 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, (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. JA/- (Anjana Prakash, J.)