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Patna High Court – Orders
Ajay Tiwary @ Ajay Kumar Tiwary vs State Of Bihar on 2 July, 2010
                               Cr.Misc. No.12293 of 2010
           NATH TIWARY
                                     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


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

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.

( Anjana Prakash, J.)

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