IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13105 of 2010 KUMAR RAJIV RANJAN S/O RAMANUJ PRASAD SINGH Versus THE STATE OF BIHAR With Cr.Misc. No.14260 of 2010 PANKAJ KUMAR SINGH SON OF ARJUN SINGH Versus STATE OF BIHAR ----------- 2. 28.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 3/4 of the Explosive Substance Act. On 22.7.2009 the petitioners alongwith 4-6 persons were arrested on suspicion and from the person of some of the accused four explosive bombs were recovered but not from the possession of the petitioner. For the said recovery one case Warsaliganj P.S.case No.128 of 2009 for the offence u/ss.399, 400, 402 and 414 of the Indian Penal Code was instituted. On the same day i.e. 22.7.2009 another case for the offence u/ss.25(1- b)/26/35 of the Arms Act was instituted numbered as Warsaliganj P.S.case No.129 of 2009. It is said that when the miscreants were arrested in the aforesaid two cases they disclosed that they had concealed certain bombs in the house of one Nand Kumar Singh from where four bombs were recovered so the petitioners were made accused in the present case as well. The submission is that the bombs were not recovered at the instance of the present petitioners or from their possession - 2 - and there is no explanation why the police on the same day has split up the occurrence and instituted three cases against the petitioners. Taking into consideration the fact that apart from these three cases against petitioner Kumar Rajiv Ranjan he has no criminal antecedent and besides present case petitioner Pankaj Kumar Singh is an accused in six other cases, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, F.T.C.5th, Jamui in S.T.No.83 of 2010 arising out of Jamui P.S.case No.181 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. - 3 - In view of the criminal antecedents of petitioner Pankaj Kumar Singh, he is directed to appear before the Superintendent of Police, Jamui within fifteen days of his release with a copy of this order and thereafter every two weeks for the next one year. The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any manner a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Narendra/ ( Anjana Prakash, J. )