IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44520 of 2009 KUNDAN MISHRA, Son of Sabal Kishore Mishra, resident of Village- Bardiha, P.S. Warisaliganj, District- Nawada............................Petitioner. Versus THE STATE OF BIHAR....................................................Opposite Party. ----------- 3. 11.02.2010. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 314 of the Explosive Substance Act. On 22.07.2009 the petitioner alongwith 4-6 persons was arrested on suspicion and from the person of some of the accused four explosive bombs were recovered but not from the possession of the petitioner. For the said recovery one case Warsaliganj P.S. Case No. 128 of 2009 for the offence under Sections 399, 400, 402 and 414 of the Indian Penal Code was instituted. On the same day i.e., 22.07.2009 another case for the offence under Sections 25(1-b), 26- 35 of the Arms Act was instituted numbered as Warsaliganj P.S. Case No. 129 of 2009. It is said that when the miscreants were arrested in the aforesaid two cases they disclosed that they had concealed certain bombs in the house of one Nand Kumar Singh from where four bombs were recovered so the petitioner was made an accused in the present case as well. The submission is that the bombs were not recovered at the instance of the present petitioner or from his possession and there is no explanation why the police on the same day has split up the occurrence and instituted three cases against the petitioner. Taking into consideration the fact that apart from these 2 three cases pending against the petitioner he has no criminal antecedent, let the petitioner above named who is in custody since 23.07.2009 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 learned C.J.M., Jamui, in connection with Jamui P.S. Case No. 181 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 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 of bail and (iii) 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. The learned concerned Magistrate is directed to consider amalgamating Warsaliganj P.S. Case No. 128 of 2009; Warsaliganj P.S. Case No. 129 of 2009 and the present case since all three of them arise out of the same occurrence. U.K. (Anjana Prakash,J)