IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35123 of 2009 MD.SAHJAD @ MANJHLA Versus STATE OF BIHAR ----------- 02/ 29.10.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner is an accused in Barachatti P.S. Case No. 33 of 2009 for offences punishable under Sections 353 and 307 of the Indian Penal Code, Sections 4/5 of the Explosive Substance Act and Section 17 of the Criminal Law Amendment Act. Petitioner is the driver of the vehicle. Substance of allegation is of recovery of 4,000/- pieces of gelatin said to be concealed in the vehicle for the purpose of supply to the extremists. Learned counsel appearing on behalf of the petitioner submits that he is the driver of the vehicle and is nowhere connected with the alleged recovery. It is stated that the vehicle was hired by Md. Zahid and Soud Khan who got the alleged explosives loaded at Kodarma for transportation to Barachatti for supply to extremists. Learned counsel further submits that the petitioner had no complicity in the alleged act and he is in custody since 4.2.2009 for no fault. Having regard to the facts and circumstances, 2 let petitioner, Md. Sahjad @ Manjhla be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Barachatti P.S. Case No. 33 of 2009 subject to the conditions that; (i) He would be attending the court below on each and every date fixed and if the petitioner fails to attend the court below on two consecutive dates without any valid explanation, the learned court below would initiate proceedings for cancellation of his bail bonds and for taking him into custody. (ii) One of the bailors would be blood relative of the petitioner who would also indicate his relationship with the petitioner. (iii) If the petitioner get involved in any further criminal case, in that event also the learned court below would be at liberty to cancel his bail bonds and for taking him into custody. S.Sb/- (Jyoti Saran, J.)