IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41613 of 2009 1. PINTU YADAV SON OF JANARDAN YADAV, RESIDENT OF VILLAGE SHAHPUR, POLICE STATION SONEBARSA, DISTRICT SAHARSA. 2. SAURABH KUMAR SON OF ANIL YADAV, RESIDENT OF VILLAGE HARIPUR, POLICE STATION SALKHUA, DISTRICT SAHARSA. Versus STATE OF BIHAR ----------- 3. 8.2.2010. Heard learned counsel for the petitioner and the State. It has been submitted that the prosecution case is that the Officer-in- Charge learnt that the present petitioners and one co-accused were extorting rangdari from some truck drivers upon which the informant went to the place of occurrence where he found that certain persons had been extorting money from truck drivers. However, when the miscreants were chased, they left the motorcycle and made good their escape. The submission is that the petitioners have not been named by any of the truck drivers nor does motorcycle belong to them and in fact it is the Mukhiya, with whom the petitioners were on litigating terms, that they were un-necessarily implicated in the present case. There is material in the case diary to support that the petitioners - 2 - are innocent persons and they have been implicated by the present Mukhiya. In view of such submission as also the fact that the petitioners have remained in custody since 17.9.2009 and have no criminal antecedents, let the petitioners above named be released on bail on their furnishing bond of Rs.5,000/- (five thousand)each with two sureties of the like amount each to the satisfaction of C.J.M., Saharsa in Sonbarsa Raj P.S. Case No.2 of 2009, subject to the conditions (A) That one the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how they are related with the petitioners (B) That the affidavit shall clearly state that the petitioners are not an accused in any other case and, if they are, they shall not be released on bail. (C) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the - 3 - N.H./ proceeding for cancellation of bail on the ground of misuse. (D) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fails to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. ( Anjana Prakash,J.)