IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36858 of 2008 1. MAZHARUL HAQUE 2. Md. Anis 3. Bikau Mian @ Md Bikau 4. Tuntun Paswan 5. Devendar Paswan 6. Md Ejaz @ Md. Ezaz ………………………. Petitioners Versus STATE OF BIHAR ----------- 2. 12.11.2008 Heard the learned Counsel for the petitioners and the learned counsel for the State. The petitioners apprehend arrest in a Police case under Sections 307, 120/34 of the Penal Code and Sections 3, 4 & 5 of the Explosive Substances Act. The submission is that in fact there has been no use of any explosive substance much less any injury to any person by reason of explosive substances. Having considered the facts and circumstances of the case, let the petitioners, above named, surrender in the court below within a period of four weeks from today when before enlarging them on anticipatory bail the court below shall verify from the case diary if there be any indication of use of explosive at the place of occurrence and extent of explosive injuries to the allegedly injured witnesses named in the FIR and only in the event of a completely negative report shall the petitioners be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of SDJM (West) Muzaffarpur in Motipur PS Case No. 43 of 2004, subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioners shall be required to be physically present at the time when the application is moved and in the event that the case diary is to the contrary they shall be required to surrender when they shall be taken into custody there and then. Snkumar/- (Navin Sinha,J.)