IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7862 of 2011 Md. Rinku @ Rinku Mian, son of late Md. Sabbir Mian Versus The State Of Bihar ----------- 3. 20.7.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.4/5 of the Explosive Substance Act. The petitioner was refused bail by an order dated 27.4.2010 vide Cr.Misc.No.13029 of 2010 since he had been apprehended with a bag containing four bombs and a direction was given to the Trial Court to conclude the trial within nine months. The prayer for bail has been renewed since the end of trial is no where in sight. A report was called for from the Trial Court (Additional Sessions Judge, F.T.C. IV, Gaya), which has expressed its frustration as not yet being able to proceed on account of non- cooperative attitude of the prosecuting agency. Considering that the petitioner is in custody since 9.6.2002 and the petitioner’s nephew Shaukat Khan is ready to stand surety for him, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional Sessions Judge, - 2 - F.T.C. IVth, Gaya in connection with Sessions Trial No.455 of 2009 arising out of Kotwali P.S. case No.145 of 2002, subject to the conditions (i) That one of the bailor shall be Shaukat Khan, nephew of the petitioner and the other will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That 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 below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Gaya within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of - 3 - bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. The report of the Trial Court may be forwarded to the Superintendent of Police, Gaya for appropriate remedial measures. Narendra/ ( Anjana Prakash, J. )