IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14100 of 2010 ABHINEET SINGH, son of Sri Ajay Singh, resident of L.I.G. 2/46, Hanuman Nagar, P.S.-Patrakar Nagar, District-Patna. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner : Mr. Surendra Pd.Singh, Advocate For the State : Mr. B.M.Prasdad Sinha, Addl.P.P. ------------ 02/ 21-05-2010 Heard the parties. In a criminal prosecution for the offence under Sections 384 and 385 of the Indian Penal Code, petitioner is not named in the FIR as an accused. In fact FIR (Annexure-1) was lodged against unknown miscreants with an allegation that some anti social gang was allegedly demanding rupees fifty thousand from the informant by way of extortion. Learned counsel for the petitioner submits that even in the protest petition filed by the informant (Annexure-2), the petitioner has not been named or suspected to be an accused in the present case. It is further submitted that according to prosecution case, merely a demand is alleged to have made for payment of certain money by way of extortion, but admittedly neither any property, nor any valuable security or any other document has been delivered by the informant to any other accused, much less the petitioner, and therefore, the ingredients for constituting an offence of extortion, as defined under Section 383 of the Penal Code, are not available in the present case. It is also stated that the petitioner is a man of fair antecedent and there is no criminal history against him. 2 In the aforesaid facts and circumstances, in the event of arrest/surrender within a period of four weeks from today in Fulwarisharif (Gopalpur O.P.) P.S.Case No.92 of 2007, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further conditions that : (a) one of the bailors must be a Government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and 3 (c) the petitioner shall make regular Pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make Pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. AH/ ( Birendra Prasad Verma, J.)