IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32417 of 2009 KISHOR YADAV Versus THE STATE OF BIHAR ----------- 02/ 14.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is in custody in a case arising out of Kotwali (University) P.S. Case No. 692 of 2008 for offences punishable under Sections 25(1-B) A, 26 and 35 of the Arms Act and ¾ of the Explosive Substances Act. Written report which is the basis of the F.I.R. shows recovery of four bombs and one mobile phone from the possession of the petitioner. It is contended on behalf of the petitioner that petitioner is a student and he was preparing for competitive examinations and the room from where the bag was seized belonged to one Sonu who fled away. It is further contended that two of the co-accused, namely, Manoj Kumar Yadav and Rohit Kumar Jha have been granted bail in Criminal Misc. Nos. 22881/2009 & 12406/2009 disposed of on 13.08.2009 and 19.05.2009 respectively. It is also stated that the petitioner is in custody since 23.10.2008. Having regard to the circumstances of the case, let petitioner Kishor Yadav be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of 2 Additional Sessions Judge, F.T.C. No. 2, Bhagalpur in connection with Kotwali (University) P.S. Case No. 692 of 2008 (Session Trial No. 215 of 2009), subject to the condition that the petitioner shall cooperate in the trial and attend the same on every date. Failure on the part of the petitioner to attend the trial on two consecutive dates without reasonable explanation would entitle the learned Trial Court to proceed for taking him into custody in accordance with law. S.Sb/- (Jyoti Saran, J.)