IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34166 of 2009 1. HARIYAL @ HARIAL SON OF LATE SAHAD ALI @ SK. SIDDIQUE 2. AKHLAQUE @ KALWA @ KALU SON OF LATE SAHADIK @ NIZAM, BOTH RESIDENT OF VILLAGE DIGHLI, P.S. PALASI, DISTRICT ARARIA 3. MOHID SON OF LATE ABUD HUSSAIN, RESIDENT OF VILLAGE BALUWA KALIYAGANJ, P.S. PALASI, DISTRICT ARARIA …. PETITIONERS Versus STATE OF BIHAR ----------- 2. 12.10.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395 and 353 of the Indian Penal Code and ¾ of the Explosive Substance Act. Taking into consideration the submission of the learned Counsel for the petitioners that the only material against the petitioners is that the witnesses stated that the petitioners were seen talking to each other at Tapu market and on the basis of which, on suspicion the petitioners were arrested and a confessional statement extracted from them but no recovery has been made from their possession and have no criminal cases pending now against them, let the petitioners above named, who are in custody since 27.6.2009, 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 C.J.M., Kishanganj in Dighal Bank P.S.case No.47 of - 2 - 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 and (ii) that the bailor shall also state on affidavit that he 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. Narendra/ ( Anjana Prakash, J. )