IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10638 of 2010 1. MAHENDRA SINGH SON OF SRI JHURI SINGH 2. SANTOSH KUMAR PATEL SON OF LATE RAM LAL PATEL Versus STATE OF BIHAR ----------- 5. 21.6.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 5 of the Explosive Substance Act and 17 of the Criminal Law Amendment Act. The petitioners were arrested on suspicion and from their car allegedly explosive substances were recovered. It has been submitted that the petitioners have no criminal antecedents and in fact even conceding that the recovery was from their possession, the petitioners were merely carriers and not users of the same. In view of such, let the petitioners above named, who are in custody since 22.11.2009, 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 Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (Model) P.S.case No.926 of 2009, subject to the conditions (i) That one of the bailors shall be local since the petitioners belong to Mirzapur, District U.P. and the other bailor will be a close relative of the petitioner 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 - 2 - in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other 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 they 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )