IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16112 of 2010 RAM PEYARE BIND @ RAM PEYARE PRASAD @ PYARE BIND S/O BADAN BIND Versus STATE OF BIHAR With Cr.Misc. No.17497 of 2010 SHANKAR BIND @ SHANKAR PRASAD S/O LATE BADAN BIND Versus STATE OF BIHAR ----------- 2. 17.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 3/4 of the Explosive Substance Act. The prosecution case is that on 5.1.2010 the house of the petitioners was raided on suspicion and two live bombs were recovered from a room. The submission is that the petitioners have no criminal antecedents of similar nature of offence, which fact will be verified by the Magistrate concerned before releasing the petitioners on bail. In view of such, let the petitioners above named, who are in custody since 5.1.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of 1st Addl. Sessions Judge, Kaimur (Bhabhua) in S.T.No.127 of 2010/ 11 of 2010 (In Cr.Misc.No.16112 of 2010) and C.J.M., Kaimur (Bhabhua) in Bhabhua P.S.case No.4 of 2010 (In Cr.Misc.No.17497 of 2010), subject to the conditions (i) That one of the bailors shall be the - 2 - fathers/brothers of the petitioners and the other bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any similar case and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners 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 they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )