IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40227 of 2009 1. MD.KAMALUDDIN son of Md. Azimuddin 2.Md. Tawrej Alam @ Sams Tabrej son of Md. Kamaluddin Both resident of village Bakarpur, P.S. Muffasil Dist. Munger …….Petitioners. Versus STATE OF BIHAR ----------- 2 10.12.2009 Rahman/ Heard learned counsel for the petitioners and the State. Offence alleged is under section ¾ Explosive Substance Act. It is submitted that the petitioners have been falsely implicated in this case. As a matter of fact the alleged recovery was made from the abandoned house belonging to the petitioner. It is further submitted that petitioner no.1 namely Md. Kamaluddin is aged about 70 years and living in Gujrat for earning his livelihood. Learned A.P.P. submits that petitioner no.2 namely Md. Tabrej Alam @ Sams Tabrej resides in the village itself and the belonging to them from where the explosive substance were recovered which was kept for sale and purchase. Considering the facts and circumstances of the case, let petitioner no.1,above named, in the event of his arrest or surrender in the court below within four weeks from today be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Munger, in Muffasil P.S. case no. 233 of 2004, subject to the conditions laid down under section 438(2) Cr.P.C. So far as petitioner no.2 namely Md. Tabrej Alam @ Sams Tabrej is concerned, his prayer for anticipatory bail is rejected. (Shailesh Kumar Sinha, J) - 2 - M.Rahman