IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40258 of 2010 RABINDRA SAO, son of Sri Arjun Sao, resident of village-Bishanpur, P.S.-Sono, District-Jamui. Versus THE STATE OF BIHAR ----------- 2 09.11.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Chakai P.S. Case No.62 of 2010 for the offences punishable under Sections 121, 121A, 120B/34 of the Indian Penal Code. Sections 3,4 and 5 of the Explosive Substance Act, Section 17 of Criminal Law Amendment Act and Sections 10, 11 and 13 of the Unlawful Activities (Prevention) Act, 1967. Substance of allegation against the petitioner and some others named in the FIR is of recovery of explosive from the vehicle in which they were travelling. Learned counsel for the petitioner with reference to the seizure list placed at Annexure-2 submits that the same does not bear the signature of any of the accused persons who are said to have been apprehended along with the explosives. He 2 further with a reference to an order passed in Cr. Misc. No.37904 of 2010 dated 11.10.2010 placed at Annexure- 3 of the application submits that in similar circumstance another co-accused namely Bablu Sah who was also apprehended along with this petitioner, has been granted bail by a bench of this Court. He submits that the case of the present petitioner is on the same footing. Having regard to the circumstance and considering the submission of the learned counsel, let the petitioner Rabindra Sao be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Chakai P.S. Case No.62 of 2010, subject to the following conditions: (a) the father of the petitioner shall stand as one of the bailor and shall be under a duty to inform the court below in case this petitioner, after his release in the present case, is named or is found involved in any further case of similar nature and whereupon the court below shall be at liberty to cancel the bail bond of the petitioner on ground 3 of misuse. (b) the petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below would entitle the court below to initiate proceeding for cancellation of the bail bond of the petitioner and for taking him into custody. PN (Jyoti Saran, J.)