IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39714 of 2009 GUDDU @ AMRESH SINGH, s/o Mokhtar Singh Versus THE STATE OF BIHAR With Cr. Misc. No. 40886 of 2009 HARI MOHAN YADAV @ RAJESH KUMAR s/o late Ram Kishun Yadav Versus STATE OF BIHAR ----------- 3/ 04.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 144, 436, 379, 427 of the Indian Penal Code, ¾ of the Explosives Substance Act and Section 17 of the CLA Act. Taking into consideration the fact that the petitioners are not named in the first information report and subsequently their name transpired only on suspicion, let the petitioners, above named, who have only one other case pending against them, 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 the SDJM, Sherghaty, Gaya, in connection with Dumaria P.S. case no.23 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, (ii) that the bailors shall also state on affidavit that they 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, (iii) that the petitioners will give an undertaking that they - 2 - 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (iv) 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. JA/- (Anjana Prakash, J.)