IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9876 of 2010 S.KUMAR @ SANJAY KUMAR, s/o Yadunandan Rai Versus STATE OF BIHAR ----------- 2/ 18.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 307, 324, 326, 427, 302 and 120-B of the Indian Penal Code, section 17 of the Criminal Law Amendment Act and section ¾ of the Explosives Substance Act. The informant has alleged Kameshwar Singh, Rajeshwar Singh, Rajendra Mahto and Chathu Manjhi stopped his car and threatened him. When he proceeded a little further there was a blast on account of which two persons lost their lives. The informant is said to have identified the petitioner as one of the miscreants, who was seen fleeing away from the place of occurrence. The miscreants were suspected to be belonging to some extremists outfit. It has been submitted that the petitioner is not a member of any banned organization and is in custody since 13th February, 2010, and apart from one other case instituted for medical negligence he has no criminal antecedent. Under the circumstances, let the petitioner, above named, 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 the Chief Judicial Magistrate, Saran, Chapra, in connection with Maker P.S. case no.43 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner, who will give an - 2 - affidavit giving genealogy as to how he is related with the petitioner, (ii) 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,(iii) 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, and (iv) 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. The Magistrate before releasing the petitioner on bail will call for a report from the Superintendent of Police, Saran at Chapra, to verify the antecedents of the petitioner and in case petitioner is suspected to be member of any extremist organization, he will not be released on bail. JA/- (Anjana Prakash, J.)