IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14259 of 2010 SURESH CHOUDHARY SON OF LATE JOGESHWAR CHOUDHARY Versus STATE OF BIHAR ----------- 3. 25.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 120B of the Indian Penal Code and 25(1- b)A/35 of the Arms Act as well as ¾ of the Explosive Substance Act and 49(B)/50(1-C) of the Wild Life Protection Act. The prosecution case is that the Officer Incharge Sirdala on suspicion went to the village of the petitioner and raided his house, where 28 detonators and other incriminating articles were recovered. It has been submitted that the female of the inmates of the house stated that in fact the articles had been kept forcibly by a criminal Sanjay and unnecessarily the family members of the petitioner were being implicated. It has further been submitted that the petitioner does not live in the ancestral house as per the partition that had taken place in the family long before. In view of such, let the petitioner above named, who is in custody since 29.10.2009, 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 Mahabir Prasad, Judicial Magistrate, First Class, Nawada in Sirdalla P.S.case No.7 of 2008, subject to the conditions (i) That one of the bailors shall be the wife/mother of the petitioner and the other bailor will be a close - 2 - 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 the 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 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 and (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. Narendra/ ( Anjana Prakash, J. )