IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25621 of 2010 HARI CHOUDHARY @ HARI PASSI, SON OF LATE RAMESHWAR CHOUDHARY @ RAMESHWAR PASI Versus STATE OF BIHAR ----------- 2. 29.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 4/5 of Explosive Substance Act, 17 of C.L.A. Act and Sections 15, 16, 17 of Prevention of Unlawful Activity Act. Petitioner’s case is that in course of investigation in Kankarbagh P.S. Case No. 349 of 2009 dated 7.11.2009 in which the petitioner’s house was raided and allegedly some explosive was recovered, it was learnt that explosives were stored in Raja Market. From there some more explosive was recovered. Submission is that the petitioner is neither tenant nor the owner of the shop of the Raja Market from where the subsequently explosive substance was recovered and, therefore, no offence whatsoever is made out. In view of such, let the petitioner above named, who is in custody since 12.11.2009, 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, Gaya, in Mufassil P.S. Case No. 208 of 2 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 and the other shall be the mother/wife of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of 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. It has been specifically asserted that the petitioner is an accused in the present and inter-connected case which fact will be verified by the Magistrate before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)