IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27917 of 2009 MD.AFROJ @ MANTU @ Montu Son of Late Md. Noor Hassan resident of Village-Faridikatra, Police Station-Town, District-Muzaffarpur. Versus STATE OF BIHAR ----------- 2 4/9/2009 Heard Mr. K.N.Diwakar, learned counsel for the petitioner and counsel for the State. Allegation under section ¾ of the Explosive Substance Act read with section 414 of the Indian Penal Code against the petitioner is sought to be explained by him that the only recovery from his possession was Rs.46,744/- and that cannot be at least linked him in relation to either of the aforementioned two offences. Such submission however seems to be incorrect taking into consideration that the petitioner was caught in a gang by police in which some of them were caught with bombs and other with explosive substance. This Court would find that the petitioner can only expect bail in such a serious case if he has got no criminal antecedent. The court below is, therefore, directed to ensure from verification of the records that the petitioner has got no criminal antecedent and in the event the court below is satisfied that the petitioner has got no criminal antecedent, it will release the petitioner, namely, Md. Afroj @ Mantu @ Montu on bail on furnishing bail bond of Rs.10,000/- (Ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Mithanpura P.S. Case No. 52 of 2009. Abhay Kumar (Mihir Kumar Jha, J.)