IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42773 of 2009 MD. SABBIR AHMAD, S/O- LATE MD. IDRIS . Versus STATE OF BIHAR . ----------- 4. 22.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 121(A), 122, 414, 120(B)/34 of Indian Penal Code and under Section 4, 5 and 6 of Explosive Substance Act and under Section 17 of C.L.A. Act. The petitioner is not named in the first information report. However, his name transpired during investigation through the confessional statement of the co-accused who was found sitting in the vehicle from where explosive substances were recovered. It has been submitted that petitioner has no criminal antecedent and is in custody since 21.6.2009. In view of such, let the petitioner above named who is in custody since 21.6.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the 2 like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 130 of 2009 subject to the following 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. Since the petitioner belongs to Jharkhand. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if 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 (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 (v) The petitioner is directed to be well 3 represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Saurabh (Anjana Prakash, J.)