IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38845 of 2009 1. KAPOOR PASWAN 2. JAI JAI RAM PASWAN, SONS OF GANESH PASWAN Versus STATE OF BIHAR **** /2/ 14.01.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Section 386/34 of the Indian Penal Code. 3. Taking into consideration the fact that there has been no transaction of money in pursuance to the demand for the same and petitioner no. 1 was previously an accused in one case in which he has been acquitted whereas petitioner no. 2 was accused in two cases in one of which he has been acquitted, let the petitioners, above named, who are in custody since 27.06.2009 be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Sultanganj P.S. Case No. 99 of 2009 to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners 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(s) is/are implicated in any other case of similar nature after his/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, (iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed 2 for charge and if he/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioners will be well represented on each date and if he/they fail(s) to do so on two consecutive dates, his/their bail will be liable to be cancelled. 4. In view of the nature of offence I think it is proper if the petitioners report to the Superintendent of Police, Bhagalpur, within two weeks of their release from jail and every two weeks thereafter for the next six months. The Superintendent of Police, Bhagalpur, is directed to keep a watch on the petitioners’ conduct for the next six months and if it is found wanting in any respect the Superintendent of Police shall report the same to the Court concerned and the Court will then initiate a proceeding for cancellation of bail. S.A. (Anjana Prakash, J.)