IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30070 of 2009 SANJAY SHARMA, son of late Rambriksh Sharma, resident of village Ram Raipur, P.S. Sheikhpura, district Sheikhpura .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /4/ 05.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 4 and 5 of the Explosive Substances Act. 3. It has been submitted that the cousin of one Mr. Gautam Bind, i.e., Madan Kumar Prasad had been given a lease deed for preparing stone chips in the hill of Sheikhpura. The petitioner happens to be a petty contractor of Mr. Gautam Bind, who was the main contractor and executant of the said work. In this manner the petitioner explains the storage of the explosives and submission is that the same was not for any extremists activities and he has no antecedent which would remotely connect the petitioner with any such activities, let the petitioner, above named, 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 Sheikhpura P.S. Case No. 367 of 2008 to the satisfaction of 2 the Chief Judicial Magistrate, Sheikhpura, on the conditions (i) that one of the bailors will be a close relative of the petitioner 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 petitioner is not an accused in any other case and if he is, he shall not be released on bail and (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. S.A. (Anjana Prakash, J.)