IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22695 of 2010 RAJESH ISHWAR @ RAM LOLI ISHWAR SON OF YUGAL ISHWAR Versus STATE OF BIHAR ----------- 3. 26.8.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 341, 323, 307, 384, 386 and 379/34 of the Indian Penal Code. It has been submitted that even though in the first information report there was an allegation that the occurrence took place on account of demands of extortion, but during investigation the same was not found true and, therefore, charge sheet was submitted u/ss.323 and 307/34 I.P.C. The further submission is that even though the occurrence is supposed to have taken place on 11.3.2009, the report about the same was made only on 16.3.2009 as is evident from Annexure 2. Considering the same, let the petitioner above named, who is in custody since 15.5.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Begusarai in Cheria Bariarpur P.S.case No.62 of 2009, subject to the conditions (i) That one of the bailors shall be the father of the petitioner and the other bailor 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 - 2 - 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 and (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 will report to the Superintendent of Police, Begusarai with a copy of the present order within 15 days of his release from jail custody. He shall attend the office of the Superintendent of Police, Begusarai every two weeks and his conduct will be kept under watch for the next nine months and if it is found wanting in any manner a report will be made by the Superintendent of Police to the court concerned. Thereafter if the court receives any adverse report, it will proceed in the manner prescribed for cancellation of bail. Narendra/ ( Anjana Prakash, J. )