IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38569 of 2009 1. SHYAM SUNDAR MAHTO son of Chhoten Mahto 2. Ashok Kumar Son of Ramautar Mahto All resident of village Bilouri, P. S. and District Lakhisarai. …. Petitioners. Versus STATE OF BIHAR . ----------- 2. 13.11.2009. Heard counsel for the petitioners and counsel for the State. Both the petitioners face prosecution for offence under Sections 147, 148, 149, 353 and 188 of the Indian Penal Code as well as section 25/26/27 of the Arms Act and section 3/4 of Explosive Substance Act. The only allegation against the petitioners as per first information of the informant/police officer is that in course of conducting an election for village panchayat when bombs were exploded near the polling booth at a High school, the petitioners in course of chase by the police were apprehended at the spot. Counsel for the petitioners would submit that neither there is any recovery from the conscious possession of the petitioners nor there is anything to link the petitioners with explosion of bomb creating trouble in course of election. 2 In the opinion of this court, when seizure-list also shows that no recovery either of country made pistol or explosive substance was made from the conscious possession of the petitioners and such incriminating articles were found near the school in a bush, the petitioners’ role in the alleged offence does not get any support from any material so as to directly connect them in this case. That being so, when the petitioners also claim that they have got no criminal antecedent, the court below on verifying this aspect as with regard to criminal antecedent of the petitioners would direct for release of the petitioners namely Shyam Sundar Mahto and Ashok Kumar on bail on their furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Lakhisarai in connection with Lakhisarai (Kabaiya O.P.) P. S. Case No. 369 of 2009, G. R. No. 799/09 with a condition that one of sureties must be furnished by either of the parents, son or wife of the petitioners. kanchan (Mihir Kumar Jha, J.)