IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35004 of 2010 SANTOSH KUMAR, S/O BISHWANATH PASWAN, R/O SWARCHAK, P.S.-NAUBATPUR, DISTRICT-PATNA. …………………PETITIONER Versus THE STATE OF BIHAR. …………………OPPOSITE PARTIES. ----------- 2 05.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Section 384 read with 34 of the Indian Penal Code. The allegation against the petitioner as well as one Bhagwan Thakur was that they were illegally extorting money from the beneficiaries of Indira Awas Yojna in front of the Bank, which was informed by two ladies, and hence police apprehended them. From the possession of Bhagwan Thakur 33 pass books were recovered and from possession of the petitioner Rs.35,500/- cash was recovered. Learned counsel for the petitioner submits that Bhagwan Thakur has been allowed bail by this Court vide order dated 15.09.2010 passed in Cr.Misc.No.33609 of 2010. By referring Annexure-2 series, he submits that two ladies have resiled from their statements and have said that they had not alleged any act of extortion against the petitioner and said Bhagwan Thakur. He also submits that the 2 petitioner had taken loan from one of his relation, which was available with him, and on suspicion only, he has been arrested. Petitioner is in custody since 24.07.2010. Considering the above facts and circumstances and the fact the co-accused has been allowed bail by this Court, this application is allowed. Let petitioner Santosh Kumar be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur, Patna in connection with Naubatpur P.S. Case No.234 of 2010 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Arvind/ ( J. N. Singh, J.)