IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14233 of 2010 HARI CHOUDHARY, S/o Late Rameshwar Choudhary. Versus THE STATE OF BIHAR ----------- 02. 05.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 4/5 of Explosive Substance Act, Section 17 of C.L.A. Act and Sections 15, 16, and 17 of Prevention of Unlawful Activity Act. On suspicion that the petitioner was harbouring certain extremists he was arrested who gave a confession that his house had been taken on rent by some extremists in the pretext of running a fertilizer shop but were in fact using the same for manufacturing explosives. However, the submission is that the room was searched from where only fertilizer was recovered. The petitioner is then also said to have pointed out the house of one Madan Mohan Sinha from where incriminating articles were recovered. The submission of the petitioner is that he was apparently duped and he had no idea as to what the accused were doing in his house and moreover 2 there was no recovery of incriminating articles from his house. Let the petitioner, above named who is in custody since 15.12.2009 and has no criminal antecedent 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, Gaya in connection with Delha P.S. Case No. 112 of 2009 (G.R. No. 3598 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 also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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 3 of misuse. (iv) 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. (v) 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. Vikash/- (Anjana Prakash, J.)