IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8635 of 2010 MD.SAMIM @ MANSU @ MASSO, S/o Late Yusuf. Versus THE STATE OF BIHAR ----------- 03. 02.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 25 (1-B) A, 26 and 35 of the Arms Act and Sections 3/4 of the Explosive Substance Act. When some incriminating articles suspected to be explosive substance was recovered from the joint house of Kailash Yadav and Niwash Yadav it was disclosed that the same had been brought by one Deepak Kumar Yadav from the petitioner who deals in the same. Thereafter, the house of Deepak Kumar Yadav was searched and he disclosed that his brother and he himself had indulged in sale of explosive substance. However, the house of the petitioner was searched, some incriminating articles were recovered for which another case has been instituted against the petitioner. In the present case, there is no material against the petitioner. In view of such, let the petitioner above named who is in custody since 03.12.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with - 2 - two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Nayaram Nagar P.S. Case No. 153 of 2009 subject to the following 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 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 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. (iv) 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. Vikash/- (Anjana Prakash, J.)