IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23155 of 2010 1. KANTI DEVI WIFE OF HARI SAHNI 2. DINESH SAHNI @ BILLA S/O LATE RAMBABU SAHNI Versus STATE OF BIHAR ----------- 2. 14.7.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 3/4/5 of the Explosive Substance Act and 25(1/b)a/26/35 of the Arms Act. The prosecution case is that the police on an information reached the house of petitioner no.2 where he was told that the petitioner no.2 was injured on account of blasting of some bombs. The petitioner no.1 was arrested with the loaded pistol, who stated that the pistol belonged to petitioner no.2 and she was trying to remove the same. However, considering that the petitioners are in custody since 15.12.2009 and 21.12.2009 respectively and have no criminal antecedents, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in Kadam Kuan P.S.case No.357 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the - 2 - court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (v) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The fact that the petitioners have no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )