IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34705 of 2009 KANHAI @ KANHAIYA SAH, Son of Anirudh Pd. Sah, Resident of Village-Teliya, P.S.-Banka, District- Banka. Versus THE STATE OF BIHAR ----------- 02. 14.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 3/5 of the Explosive Substance Act. It is being submitted that the petitioner was sought to be arrested in a case instituted by his brother two days ago and in that he was remanded by the police and later on the present case was foisted with trumped charges. He however submits that initially no seizure was produced at the time of remand so the Chief Judicial Magistrate, Banka refused to accept the remand and did so after the production of seizure-list by the police without material exhibits, 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 - 2 - Magistrate, Banka in connection with Banka P.S. Case No. 265 of 2009 on the condition 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. It is being submitted that the petitioner is not accused in any other case besides the present one and the one filed by his brother mentioned above which fact will be verified by the Magistrate concerned and on verification if it is found to be incorrect the petitioner will not be released on bail. Vikash/- (Anjana Prakash, J.)