IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1751 of 2010 CHANDAN KUMAR SON OF NAND KISHORE SINGH @ NAND KISHORE PD. SHARMA Versus THE STATE OF BIHAR ----------- 2. 29.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 384, 385 and 386 of the Indian Penal Code. It has been submitted that certain ransom calls were made from a mobile no.9473377510 which was traced to one Kundan Kumar. During investigation it transpired that the said mobile had been charged from the mobile of the present petitioner, for which the explanation is that while he is managing tours and travels agency, co-accused Pankaj Kumar Sah may have come to him and borrowed his mobile for having recharged his own mobile, but there is no direct material to connect the petitioner with the alleged calls of ransom. Taking into consideration the aforementioned facts as also that apart from the present case and one other case for having recharged the same phone there is not other case of similar nature pending against him, let the petitioner above named, who is in custody since 22.10.2009, 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 Chief Judicial Magistrate, Muzaffarpur in Sakra P.S.case No.349 of 2009, subject to the - 2 - conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 is implicated in any other case of similar nature after his 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 of bail and (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. Narendra/ ( Anjana Prakash, J. )