IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39931 of 2010 GANDHI MISHRA 'GAGAN', ALIAS GANDHI JHA, SON OF SRI PASHUPATI MISHRA, RESIDENT OF RAMPUR, P.S. MADHWAPUR, DISTRICT-MADHUBANI. Versus THE STATE OF BIHAR ----------- /3/ 30.11.2010 Learned counsel for the petitioner is permitted to make necessary correction in the petition. Heard learned counsels for the petitioner and the State. This is an application for bail in a case of misuse, initially the case was registered under Section 4/5 of the Explosive Substances Act, when the petitioner was granted bail. The petitioner was in appearance till August, 2005 and thereafter his bail bond was cancelled. Now the petitioner has surrendered on 30.07.2010. It is submitted by the learned counsel for the petitioner that petitioner had appeared for 11 years after institution of the case but since the advocate’s clerk did not inform about the stage of the case, and in the meantime petitioner was suffering from mental depression, he could not appear. A supplementary affidavit has been filed by the petitioner stating therein that the petitioner is working as correspondent in “Dharamyug Prakashan Pvt. Ltd.’ and had also worked in “Dainik Jagran.” It is also submitted that the petitioner is suffering from liver ailment. Considering the aforesaid submissions, let the petitioner, above named, be released on bail on furnishing bail 2 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge, Fast Track Court-II, Madhubani, in connection with Madhubani Town P.S. Case No. 32/94 with a condition to remain physically present before the Court below on each and every date fixed in the Court below. The learned court below will be at liberty to cancel the bail of the petitioner if the petitioner fails to appear on three consecutive dates during trial. Safik ( Dinesh Kumar Singh, J.)