IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3847 of 2010 NANDU CHOUDHARY @ NAND KISHORE CHOUDHARY SON OF RAMPRASAD CHOUDHARY Versus THE STATE OF BIHAR ----------- 3. 19.3.2010 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, 25(1-b)a/35 of the Arms Act and ¾ of the Explosive Substance Act as well as 49(B)/50(1-C) of Wild Life (Protection) Act. In the first information report the allegation is that when the police searched the joint house of the petitioner, some explosives were recovered. The submission is that the petitioner is a young boy and student of Intermediate at the relevant time and fact of the matter is that it is the co-accused Sanjay Yadav, who was lodged in jail, who had got all these articles kept forcibly in their house, which was also stated by the petitioner’s grand mother at the time of institution of the F.I.R. In view of the fact that the recovery was made from the joint house of the petitioner and the petitioner was not arrested there and he has no criminal antecedents, let the petitioner above named, who is in custody since 14.10.2009, 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 C.J.M., Nawada in Sirdalla P.S.case No.7 of 2008, subject to the conditions (i) That - 2 - 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, (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. Narendra/ ( Anjana Prakash, J. )