IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34599 of 2009 1. RAJESH KUMAR SAH S/O YOGENDRA NARAIN SAH, RESIDENT OF VILLAGE BASANTPUR, P.S. GAUR, DISTRICT ROTHAT (NEPAL) 2. SANJEET BAITHA S/O ACCHELAL BAITHA, RESIDENT OF VILLAGE BASANTPUR, P.S. GAUR, DISTRICT ROTHAT (NEPAL) … PETITIONERS Versus THE STATE OF BIHAR ----------- 2. 15.10.2009 Heard learned Counsel for the petitioners and the State. Petitioners seek bail in a case instituted under Sections 4/5 of the Explosive Substance Act. Taking into consideration the fact that there was merely a recovery of one live pipe bomb but there is no criminal antecedents of the petitioner, let the petitioner, above named, 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 A.D.J., F.T.C.7, Sitamarhi in Sessions Trial No.241 of 2009 (Bairganiya P.S.case No.54 of 2009), subject to the 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, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail and that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other 2 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. One of the bailors shall be local, whose residential address will be properly verified by the Magistrate. Narendra/ ( Anjana Prakash, J. )