IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8283 of 2010 TUNTUN CHOUDHARY, SON OF SITA RAM CHOUDHARY Versus THE STATE OF BIHAR ----------- 5. 06/05/2010 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 341, 302, 307, 427 of the Indian Penal Code, Section 27 of the Arms Act and Sections ¾ of Explosive Substance Act. The petitioner was refused bail by an order dated 28.10.2009, also since he has criminal antecedents as per the report. The prosecution case is that when the Informant and the deceased were returning on a Motorcycle, they were waylaid by the miscreants out of whom one Changni Lal Yadav is said to have firstly thrown a Bomb and thereafter Shammo Yadav and Tuntun Choudhary also threw Bombs due to which two persons sitting on the motorcycle, sustained injuries. The submission is that co-accused Shambho Yadav @ Shambhu Yadav was similarly placed has been released on bail by this Court vide Annexure-3. The antecedents of the petitioner are explained in the supplementary affidavit filed today wherein it has been stated that the petitioner is an accused in one Complaint Case and another case of 1991 and two cases - 2 - instituted for the same occurrence. This fact will be verified by the Magistrate before releasing the petitioner on bail. The report of the trial court demonstrates that 25.3.2000 was fixed for charges, and, therefore, trial has not been begun. In view of such, let the petitioner above named, who is in custody since 7.1.2009, 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 Sri A.S. Choudhary, A.D.J. F.T.C. IV, Banka, in Sessions Trial No. 176 of 2008 arising out of Banka (Barahat) P.S. Case No. 311 of 2007 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. The bailor will undertake to furnish information to the court about any change in address of 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. (iii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Banka, within fifteen days of his release with a copy of this - 3 - order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. S.Ali (Anjana Prakash, J.)