IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23686 of 2009 LALLAN KUMAR & ANR Versus STATE OF BIHAR ----------- 4 19.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioners, Lallan Kumar and Nawal Kumar who are cousin brothers, have been made accused in connection with Kazi Mohammadpur P.S. Case No. 218 of 2008 for the offence punishable under Section 387 of the Indian Penal Code. Substance of the allegation as set out in the F.I.R. is that the call was received by the informant from mobile No. 9708011929 and the caller disclosed his name as Ajay Mahto who demanded a sum of Rs. 10 lakh from the informant within a period of four days, giving rise to the institution of the present case. During the course of investigation it came to light that the mobile no. from where the alleged call has been received by the informant belonged to the mother of the petitioner No.1. Learned counsel submits that the allegation is not correct inasmuch as the alleged mobile no. belongs to his mother. He 2 further submits that no money transaction had taken place and that simply on the statement of the informant they are in custody since 29.1.2009. It has further stated that the antecedents of the present petitioners are clean and that they have never been involved in any criminal cases. In the circumstances prayer for bail has been made. Having regard to the facts and circumstances of the case, let the petitioners, Lallan Kumar and Nawal Kumar, be enlarged on bail upon each of them furnishing individual bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 218 of 2008. subject to the following conditions (a) One of the bailors would be the respective fathers of the two petitioners. (b) That the petitioners would be attending the court below on each and every date fixed and failure on their part to 3 attend the court below on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below would grant liberty to the court below to initiate proceedings for cancellation of their bail bonds and for taking them into custody. Bibhash (Jyoti Saran, J. )