IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6290 of 2010 1. HARENDRA KUMAR @ LOTHA SON OF KRISHNA RAI. 2. RAVI KUMAR SON OF KANTU SAO. Versus STATE OF BIHAR ----------- 3/ 31.03.2010 Heard both the parties. The petitioners seek bail in a case instituted under sections 399, 402 of the Penal Code and 3/4/5 of Explosive Substance Act. Taking into consideration the fact that petitioners are in custody since 25.09.2009 for alleged recovery of articles said to be used for making of bomb but they have no criminal antecedent as per the report , let the above named petitioners, be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Danapur,Patna in Shahpur P.S.Case No. 129 of 2009 on 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 petitioner. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on - 2 - bail. (iii) 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 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. (iv) That the petitioners 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. (v) That the petitioners will be well represented on each date and if he fails to do so on two consecutive dates, their bail will be liable to be cancelled. ( Anjana Prakash, J ) BTiwary/