IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5055 of 2010 ARJUN PASWAN, son of Late Chhaku Paswan Versus THE STATE OF BIHAR With Cr. Misc. No.6554 of 2010 PAPPU GIRI, son of Dharnidhar Giri Versus THE STATE OF BIHAR ----------- 3/ 07.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 120-B of the Indian Penal Code, 25(1-b) a, 26 and 35 of the Arms Act, ¾ of the Explosives Substance Act and section 17 of the Criminal Law Amendment Act. The petitioners were arrested from the house of one Baliram Prasad, wherefrom some explosives were also recovered. Submission is that the same does not belong to them and the recovery was not made from their conscious possession. In view of such and also that the petitioners have no criminal antecedents and are in custody since 9.9.2009 and 11.9.2009 respectively, 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, Gaya, in connection with Khizar Sarai P.S. case no143 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner,(ii) that the affidavit shall clearly state that the petitioner is not accused in any other case and, if - 2 - he is, he shall not be released on bail,(iii)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 the ground of misuse, and (iv)that the petitioner will give an undertaking that he will receive the police papers on the given 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. JA/- (Anjana Prakash, J.)