IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6859 of 2010 1. SIKANDAR SAH @ SIKANDAR TURHA son of Kapileshwar Sah & 2. Mahadeo Sah son of Chauthi Sah Versus STATE OF BIHAR ----------- 3/ 08.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 304/34 of the Indian Penal Code, 3/4 of the Explosives Substance Act. When the attempt of kidnapping was aborted, the accused lobbed bombs and injured one of the accused themselves, who was arrested in course of chase and disclosed the name of the present petitioners and died thereafter. Submission is that there is no independent source of the petitioner’s complicity in the present case and apart from one other case instituted for the same occurrence under sections 395 and 397 of the Indian Penal Code, the petitioners are not accused in any other case. In view of such, let the petitioner, above named, who are in custody since 4.10.2008, 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 Additional Sessions Judge-cum- Fast Track Court No. III, Madhubani, in connection with Madhubani Town P.S. case no.320 of 2008 (S. T. No.18/10), subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners,(ii) that the bailor shall also state on affidavit that he will - 2 - inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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) petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)