IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9929 of 2010 SANJAY SINGH, son of Majister Singh Versus STATE OF BIHAR ----------- 2/ 30.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 420/34 of the Indian Penal Code. When investigating Shikarpur P.S. case no.459 of 2004, the Investigating Officer chanced upon a mobile which had been used in the transaction and that it belonged to one Ranjan Kumar Singh. It transpired that one Bhola Singh had, in fact, got issued the said mobile in the wrong name of Ranjan Kumar Singh, who was a non-existent person. The present petitioner is said to have reported about the loss of the said mobile in the same name and address of Ranjan Kumar Singh, who was non-existent and, therefore, the petitioner has been implicated in the present case for the charges of forgery. It has been submitted that the petitioner has not been remanded in Sikarpur (West Champaran) P.S. case no.459 of 2004, nor he is accused in any other case. 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 Sub- Divisional Judicial Magistrate, Raxaul, Motihari, in connection with Raxaul P.S. case no.159 of 2004, 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, - 2 - (ii) that the affidavit 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 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. The fact that the petitioner is not accused in any other case will be verified by the Magistrate before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)