IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43822 of 2009 PAWAN KUMAR SON OF BAL KISHORE SINGH Versus STATE OF BIHAR ----------- 3 09/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections ¾ of Explosive Substance Act. In the First Information Report, it has been stated that the petitioner was caught with the Explosive Substance, the explanation for which was, that he was the Munshi of co- accused Sanjay Singh and Santosh Singh who had taken a Hill on lease for stone quarrying. It has also been submitted that the petitioner is not an accused in any other case and, therefore, does not work against the establishment in any manner. Taking into consideration the aforementioned fact as also the petitioner has remained in custody since 17.7.2009, 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 Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura P.S. Case No. 219 of 2009 subject to the following conditions: 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 2 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. S.Ali (Anjana Prakash, J.)