IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35077 of 2009 RAJ KUMAR YADAV, son of late Domi Yadav @ Bouku Yadav, resident of Bihpur, Police Station Bihpur, district Bhagalpur .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 14.10.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 307 of the Indian Penal Code 3, 4 and 5 of the Explosive Substances Act. 3. It is being submitted that even though there is allegation against the petitioner of having thrown bomb on the informant, who is the Up-Pramukh and having sustained splinter injury, but, there is no injury report of the same. In paragraph 8 the investigating officer has also noted the fact that the informant did not sustain any injury. The petitioner is an accused in only one other case under Section 414 of the Indian Penal Code in which the petitioner was not named in the first information report and there was no recovery from his possession and is not an accused in a similar type of case earlier. 4. Under the circumstances, let the petitioner, above 2 named, who is in custody since 24.07.2009 and apart from the case, mentioned above, the petitioner is not involved in any other case, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Bihpur P.S. Case No. 85 of 2009to the satisfaction of the Additional Chief Judicial Magistrate, Naugachia, on the condition 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. 5. The Magistrate before releasing the petitioner on bail will verify whether the petitioner is an accused in only one case and not of any case of similar nature as the present one as stated above as also the fact that there is no injury report of the informant and in case it is found to be incorrect the petitioner will not be released on bail. S.A. (Anjana Prakash, J.)