IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34900 of 2010 Md.Moiuddin @ Mahiuddin, son of Gul Mohammad Versus The State Of Bihar ----------- 7. 02.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections ¾ Explosive Substance Act. By an order dated 13.5.2010, the petitioner was refused bail since four Bombs were recovered from his possession. The prayer has been renewed on the ground that the petitioner has remained in custody since 1.12.2009 and there is undue delay in trial. A report was called for from the Trial Court in this regard which has been received showing that not a single witness has turned up for evidence. Considering that the petitioner is in custody since 1.12.2009 and he has fair antecedents, 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 or any other surety to be fixed by the court concerned to the satisfaction of Additional Sessions Judge, F.T.C. No. 5, Purnea, in connection with Sessions Trial No. 317 of 2010 arising out of Jalalgarh P.S. Case No. 100 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 2 genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of 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 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. S.Ali ( Anjana Prakash, J.)