IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13173 of 2010 KANCHAN KUMAR, SON OF SUNIL PRASAD SINGH Versus STATE OF BIHAR ----------- For the petitioner : Mr. Sada Nand Roy, Advocate For the State : Mr. Parma Nand Prasad, A.P.P. ---------- 2. 28/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 448, 386, 302, 34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3, 4, 5 of the Explosive Substance Act. The petitioner is not named in the First Information Report and subsequently the witnesses also do not name the petitioner but when the petitioner was arrested on suspicion, he confessed to have been involved in the present occurrence on account of which he was remanded in the present case on 1.8.2009. The submission is that there is no legal material against the petitioner. In view of such, 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 5th Additional Sessions Judge, Begusarai, in Sessions Trial No. 1059 of 2009 arising out of Naokothi P.S. Case No. 44 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will - 2 - 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 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 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 petitioner undertakes not to take unnecessary adjournment in the case on any plea whatsoever. S.Ali (Anjana Prakash, J.)