IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40964 of 2009 GOPALI MAHTO SON OF LATE GANESH MAHTO Versus STATE OF BIHAR ----------- 2. 30.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 414 of the Indian Penal Code and ¾ of the Explosive Substance Act. Taking into consideration the fact that the bomb was recovered from the bag in the house of the petitioner but not from his conscious possession and he has no criminal antecedents, let the petitioner above named, who is in custody since 28.3.2009, 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 Sri B.K.Verma, 4th Additional Sessions Judge, Muzaffarpur in Sess. Trial No.635 of 2009 arising out of Mithanpura P.S.case No.52 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with 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 and (iv) that the - 2 - 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. Narendra/ ( Anjana Prakash, J. )