IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45079 of 2009 MANGAL SAH, S/O LATE AMRIT LAL SAH, R/O LAHERIYAGANJ, WARD NO. 1 MADHUBANI, P.S. MADHUBANI TOWN, DISTRICT MADHUBANI .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 07.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 304/34 of the Indian Penal Code and 3 and 4 of the Explosive Substances Act. 3. Taking into consideration the fact that it is a case under Section 304 of the Indian Penal Code in which one of the dacoits, in an attempt to commit dacoity, sustained bomb injuries and died thereupon and apart from one other case instituted for the same occurrence there is no criminal antecedent of the petitioner, let the petitioner, above named, who is in custody since 21.01.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Madhubani Town P.S. Case No. 320 of 2008 to the satisfaction of the Chief Judicial Magistrate, Madhubani, on the conditions (i) that one of the bailors will be a close 2 relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) 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 (iii) that the petitioner 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 then his bail will be liable to be cancelled for reasons of misuse. 5. The learned Magistrate will satisfy himself that the petitioner is an accused in only the present case and Madhubani Town P.S. Case No. 319 of 2008 before releasing the petitioner on bail. S.A. (Anjana Prakash, J.)