IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9276 of 2010 ANIL CHOUDHARY @ BIDEO @ BIDEO CHOUDHARY, S/o Heera Kant Choudhary. Versus THE STATE OF BIHAR ----------- 03. 19.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 120B of the Indian Penal Code and Sections 3/4 of the Explosive Substance Act. The prosecution case is that the Chowkidar/Informant learnt that some persons had been injured in a bomb blast proceeded to the house of Biltu Mukhiya where he found signs of bomb blast. He also learnt that one Musharu Paswan was the person who was preparing bomb and was injured in the transaction and was being taken for treatment by three accused persons including the petitioner but they abandoned the car and fled away. The said Musharu Paswan was removed to the hospital but he lost his life during treatment. The background of the case was that the petitioner had entered into an altercation with one Anand Kumar Thakur due to 2 which co-accused Heerakant Choudhary, the petitioner’s father had called Musharu Paswan who happened to be a criminal to prepare bomb which had accidentally burst and caused the death of Musharu Paswan. The submission is that the entire case is based on oral allegation and speculation and there is no cogent in support of the same. Moreover, the place where the occurrence took place happened to be the house of co-accused Biltu Mukhiya and not the petitioner. In view of such, let the petitioner, above named who is in custody since 13.11.2009 and has no criminal antecedent 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 Additional Sessions Judge, Benipur, Darbhanga in connection with S.Tr. No. 53 of 2010 arising out of Biraul P.S. Case No. 210 of 2009 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 also undertake to inform the Court if there is any change 3 in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) 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. Vikash/- (Anjana Prakash, J.)