IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4948 of 2010 KRISHNA SAO, S/o Basho Sao. Versus THE STATE OF BIHAR ----------- 02. 22.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 5 and 6 of Explosive Substance Act. It has been submitted that the allegation against the petitioner is that two bags of Amonium Nitrate containing about 50 Kgs. were recovered from the house of the petitioner and that does not come under the Explosive Substance Act. Also, the documents annexed show that in fact Amonium Nitrate is not an explosive substance and there is no license required for the same. In view of such, let the petitioner above named who 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, Sheikhpura in connection with Ariari P.S. Case No. 172 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. (ii) - 2 - 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 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. The Officer In-charge, P.S. Ariari through S.P., Sheikhpura is noticed to peruse the annexures filed and consider whether any offence whatsoever is made out against the petitioner or not. Let this order be communicated to the S.P. Sheikhpura through FAX at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)