IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25782 of 2011 Babalu Dubey @ Mithilesh Dubey son of Late Maheshwar Dubey, resident of village- Siswa Kharar, P.S.-Kalyanpur, District- East Champaran. Versus The State Of Bihar ----------- 2. 3.8.2011. Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 386 of the Indian Penal Code and ¾ of the Explosive Substance Act. The petitioner is not named in the first information report. When the occurrence took place he was in custody and, therefore, he could not have participated in any manner in the alleged occurrence. His name transpired in confessional statement before the police and he is in custody since 19.4.2010. Co-accused Ravi Ojha having identical allegation has already been granted bail by order dated 26.10.2010 passed in Cr. Misc. No.29924 of 2010 by this court. Taking into consideration the aforesaid fact, the petitioner, namely, Babalu Dubey @ Mithilesh Dubey is directed to be released on bail on furnishing bail bonds of Rs.5,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Motihari, East Champaran in connection with Chakia P.S. Case No.41 of 2010 with the conditions (i) that one bailor will be a close relative of the petitioner, who will give affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be brother of the petitioner. The bailors will undertake to furnish information about any change in the address of the petitioner, 2 (ii)That the bailors shall also state on affidavit that they 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 a proceeding for cancellation of bail on 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 and (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. Md.S. ( Ashwani Kumar Singh, J.)