IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3673 of 2010 SHYAM YADAV @ PATAURA YADAV @ PATARUA YADAV Son of Setha Yadav, Resident of Mohalla- Dadar Mandi Sadikpur, P.S. Alamganj District- Patna Versus STATE OF BIHAR ----------- 02 22-02-2010 Heard Mr. Ram Swarup Das, learned counsel for the petitioner and the learned A.P.P. for the State. The Petitioner is in custody since 7.9.2008 in G.R.P. Patna Junction P.S. Case No. 253 of 2008 corresponding to Sessions Trial No.268 of 2009 for the offences under Sections ¾ pf the Explosive Substance Act. The case is pending in the court of F.T.C.No.2,Patna . In the present case, a bomb was recovered from the conscious possession of the petitioner and after investigation chargesheet was submitted against him. Despite the fact that the petitioner is in custody since 7.9.2008, till date not a single witness has been examined on behalf of the prosecution. Of course, from the impugned order it appears that summons and warrants were issued against the witnesses. Keeping in view the fact that the petitioner is in - 2 - custody since 7.9.2008, it is not desirable to further keep the petitioner behind the bar. Let the petitioner named above 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 F.T.C.No.II, Patna in connection with S.T.No.268 of 2009 arising out of Patna Junction G.R.P. Case No. 253 of 2008 with a condition that on each and every date fixed by the trial court petitioner shall remain present , failing which his bail bond shall stand automatically cancelled, provided that in special exigency the petitioner may approach the court for prior permission for exemption from appearance . One of the bailors in the present case shall be either father/mother or own brother of the petitioner. NKS/- ( Rakesh Kumar, J)