IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25938 of 2009 SURENDRA NARAYAN SINGH @ Raju Singh Rathour, S/o Chetan Singh @ Chet Narayan Singh, R/o Vill. – Delhana, P.S. – Rohaniya, Distt. Varanasi,U.P-- Petitioner. Versus THE STATE OF BIHAR ……… Opposite Party. ------------- For the Petitioner:- Mr. D.K. Tandon, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ------------ 4. 27.11.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner is an accused in a case registered under Section 387 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner is not named in the first information report. It has been alleged in the F.I.R. that somebody was demanding Rs. Five Lacs as extortion money by calling from two mobile phones, which do not belong to the petitioner. Petitioner’s name has surfaced on the basis of the confessional statement of the co-accused, Pradeep Kumar, who had stated before the police that on behalf of the petitioner, he (Pradeep Kumar) and others were demanding ransom money. However, it is stated that there is no direct or indirect evidence against the petitioner except the aforesaid - 2 - confessional statement of co-accused Pradeep Kumar taken forcibly by the police, whereas the petitioner was already in jail in connection with other criminal cases. Learned counsel for the State submitted that the co- accused, Pradeep Kumar has stated that upon the instructions of this petitioner from the jail, Pradeep Kumar and other had demanded extortion money. Petitioner is stated to be involved in several criminal cases. In reply learned counsel for the petitioner submitted that apart from the confessional statement of the co-accused, Pradeep Kumar there is nothing against the petitioner. It is further stated that the other co-accused including aforesaid Pradeep Kumar, Bhagwan Sah and Alamgir Alam have already been granted bail. Having regard to the facts and circumstances of the case, I direct the petitioner, Surendra Narayan Singh @ Raju Singh Rathour to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Bachu Prasad, Judicial Magistrate, Motihari in connection with Raxoul P.S. Case No. 34/2008, with the condition that one - 3 - of the bailors must be the family member or close relative of the petitioner and, to this effect, the bailor must swear an affidavit before the court concerned showing his genealogy as to how he is related to the petitioner. It is further directed that after the release in this case, if the petitioner is again found to be involved in a criminal case of similar nature, the court concerned shall be at liberty to take steps for cancellation of the bail bonds of the petitioner. dk ( Dr. Ravi Ranjan, J. )