IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.378 of 2010 RAJ KUMAR YADAV @ DIWAKAR SON OF SANT LAL YADAV RESIDENT OF VILLAGE BHOREE,P.S.MIRCHAIYA,DISTT.SIRHA(NEPAL) Versus STATE OF BIHAR For the petitioner : Mr.Binay Kumar For the State : Mr.Addl.P.P. ----------- 2/ 22.1.2010 Heard learned counsel for the parties. The petitioner seeks bail in a case which has been registered for offences under Sections 121-A, 122,414 and 120B/34 of the Indian Penal Code, 4,5, and 6 of the Explosive Substance Act and 17 of the Cr.L.A.Act. Inspector General of Police and Superintendent of Police, Nalanda received confidential information that some extremists were to transport explosive substances to different States through N.H.31. A raiding party was organized and they caught Pravesh Kumar Mishra alias Pravesh Jee, this petitioner, Kuddus Alam, Md.Alam and Bimlesh Yadav in a truck and in course of search, they seized huge quantity of ammunitions. Submissions that co-accused Pravesh Kumar Mishra alias Pravesh Jee has been granted bail by a Bench of this Court on 2 18.1.2010 Vide Cr.Misc.No. 39993 of 2009 with certain conditions mentioned in the said order. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in Deep Nagar P.S.case No. 130 of2009 subject to the conditions that (i) one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse of bail and (iii) the petitioner will give an undertaking that he will receive the police papers on the given 3 date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Tahir/- ( Shyam Kishore Sharma, J.)