IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10972 of 2010 1. BUDHESHWAR KOL @ BUDHAI KOL 2. Lala Kol @ Lalal Kol & 3. Baban Kol @ Baban Kumar, all son of Bansi Kol Versus STATE OF BIHAR ----------- 4/ 23.06.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 4/5 of the Explosives Substance Act. On secret information that huge amount of explosives substance were stored in the house of one C. K. Dubey, his house was searched and recoveries were made. It is mentioned in the First Information Report itself that the petitioners happen to be the son of co-accused C. K. Dubey and were also involved in the business of sale and purchase of explosives. It has been submitted on behalf of the petitioners that in fact they are not the sons of C.K. Dubey, but are Adivasis and their father’s name is Bansi Kol, which is evident from the voter identity card annexed as Annexure-2. Further submission is that the petitioners have fair antecedent. In view of such, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram (M) P.S. Case No. 989 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. - 2 - The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and, if they are, they shall not be released on bail, (iii) 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,(iv) that the petitioners will give an undertaking that they 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. JA/- (Anjana Prakash, J.)