IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12293 of 2010 AJAY TIWARY @ AJAY KUMAR TIWARY, SON OF MAHESHWAR NATH TIWARY Versus STATE OF BIHAR ----------- 3. 02.07.2010 Learned counsel for the petitioner is permitted to make correction in paragraph-14 of the petition. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 385 of the Indian Penal Code. The prosecution case is that from a certain Mobile Phone extortion calls made to the Informant in the name of one Pappu Yadav. It has been asserted that the Mobile does not belong to the petitioner. When one Vijay Kumar Soni was arrested by the Police, he disclosed the name of the petitioner as being a Conspirator. Submission is that the petitioner is an accused in only one other case which fact will be verified by the Magistrate before releasing the petitioner on bail. Considering the above and also that the petitioner is in custody since 17.11.2009, 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 Chief Judicial Magistrate, Gopalganj, in Gopalganj P.S. Case No. 143 of 2009 subject to the following 2 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. The bailor will undertake to furnish information to the Court about any change in address of the petitioner and the other shall be the father of 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 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. S.Ali ( Anjana Prakash, J.)