IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9384 of 2010 AMAR KUSHWAHA @ AMARENDRA KUSHWAHA, son of Rameshwar Bhagat Versus STATE OF BIHAR ----------- 2/ 18.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 307, 324, 326, 427, 302 and 120-B of the Indian Penal Code, section 17 of the Criminal Law Amendment Act and section ¾ of the Explosives Substance Act. From the narrative of the First Information Report it appears that on account of land mine blast two deceased lost their lives and the petitioner is said to have been seen fleeing away from the place of occurrence. It has been alleged by the informant that the accused persons belong to some extremists outfit. Submission is that the petitioner has no criminal antecedent and he is not a member of any political party nor he belongs to the said area. Under the circumstances, let the petitioner, above named, who is in custody since 20.11.2009, 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 the Chief Judicial Magistrate, Saran, Chapra, in connection with Maker P.S. case no.43 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 accused in any other case and, if he is, he shall not - 2 - 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 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 (v) 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. The Magistrate will verify the fact that the petitioner is not accused in any other case by calling for a report from the Superintendent of Police, Muzaffarpur as well as Saran at Chapra. JA/- (Anjana Prakash, J.)