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
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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
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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.)
S.Ali
