IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9420 of 2010 1. AJAY KUMAR PATEL S/O SRI RAGHUNATH PATEL 2. NARENDRA KUWAR S/O YOGENDRA KUWAR 3. BALRAM PASWAN S/O SRI GANESH PASWAN Versus THE STATE OF BIHAR With Cr.Misc. No.12847 of 2010 NAGENDRA RAUT S/O VISHWANATH RAUT Versus THE STATE OF BIHAR ----------- 3. 27.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 419, 385 and 387/34 of the Indian Penal Code. The petitioners are constables of home-guard, who on the pretext of being staff of the D.T.O., Bettiah, demanded documents from the informant and under the pretext of the same also demanded Rs.5,000/- as bribe. The submission is that the petitioners are in custody since 23.1.2010 and they are government officials, who will not abscond and undertake never to indulge in similar activities after their release from jail custody. In view of such, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., West Champaran at Bettiah in Bettiah Moffasil P.S.case No.18 of 2010, subject to the conditions (i) That - 2 - one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after 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 and (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )