IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36487 of 2009 MANOJ SAHANI, son of Ram Ayodhya Sahani Versus THE STATE OF BIHAR ----------- 4/ 21.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 414, 188 and 387 of the Indian Penal Code and section 42 of the Prisoners Act, 1894. From the facts of the case it appears that a mobile was recovered from under the bed of the petitioner and thereafter it has been connected to demands of Rangdari having been made from one Mukesh Kumar Singh, for which no complaint was filed. Taking into consideration the aforementioned fact as also the fact that he is in custody since 16.4.2009 in the present case, 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 Chief Judicial Magistrate, East Champaran, in connection with Motihari Town P.S. case no.96 of 2009, 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, (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, (iii) that the petitioner will give an undertaking that he will receive the - 2 - 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, (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The petitioner on his release from the jail custody will report to the Superintendent of Police, East Champaran at Motihari, within fifteen days with a copy of this order and every fortnight thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period and if it is found wanting in any respect, a report shall be made to the court concerned, by the S. P., East Champaran at Motihari, who will then initiate a proceeding for cancellation of bail for the reasons of misuse of bail. JA/- (Anjana Prakash, J.)