IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38526 of 2009 KHALID KHALIL Versus STATE OF BIHAR ----------- 2 1.4.2010 In compliance of order dated 1.12.2009 passed by a Bench of this Court in the present case, an affidavit has been filed on behalf of Superintendent of Police, Nalanda, Biharsharif, duly sworn by him. Let it be kept on record. Heard Mr. Anil Chandra, learned counsel appearing for the petitioner and Mr. Shivesh Chandra Mishra, learned A.P.P. for the State. Petitioner apprehends his arrest in connection with Deepnagar P.S. Case No. 130/09 dated 19.6.2009, registered under section 121 (A), 122, 414, 120 (B)/34 of the Indian Penal Code and u/s 4, 5 and 6 of Explosive Substance Act as also under section 17 of the C.L.A. Act. According to the prosecution case stone chips loaded truck was seized by the informant and five persons sitting in the cabin of the truck were apprehended. Explosive substances kept in gunny bags were found concealed under the stone chips. It is submitted by learned counsel for the petitioner that he is not named in the first information report as an accused and on the basis of confession made by co-accused one Md. Khalid son of Maseeh Ahmad , was made an accused in the present case, and requisition was made by the police for his arrest. However, subsequently on the basis of petition filed by mother of Md. Khalid, requisition petition filed by the police was modified and petitioner was sought to be arrested in the present case. Learned counsel appearing for the State by referring to the - 2 - affidavit filed today submits that subsequently matter was further investigated and it was found that petitioner is running a Central Public School at Jhumari Tilaiya. He further submits that the involvement of the petitioner in the present case needs further verification. However, for the present there is no direct material to show the complicity of the petitioner in the present case. In the aforesaid back ground, till the submission of charge sheet in the present case, let the above named petitioner in the event of his arrest or surrender in the court below within four weeks from today , be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Nalanda at Biharsharif in the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further condition: (a) That one of the bailors must be Govt. servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. It is also directed that whenever the presence of the petitioner is required by the I.O. in the present case he shall readily made himself available for his interrogation. Non- compliance of the aforesaid conditions would be construed as misuse of privilege of anticipatory bail extended to the petitioner. (Birendra Prasad Verma, J) M.Rahman