IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5354 of 2011 BHAIRO YADAV son of Late Wazir Yadav, resident of Village- Koraiya, police station- chakai, dist- Jamui Versus THE STATE OF BIHAR ----------- 2. 15.03.2011 The petitioner is in custody since 8.9.2010 in relation of Chakai P.S.Case No. 115 of 2010 instituted under the provisions of the Explosive Substance Act. The informant who is the officer –in-charge of the chakai police station received information that from the house of the petitioner bombs were being hurled, having reached there he searched the house from where some persons managed to escape, he found live bombs. On behalf of the petitioner it is submitted that one of the persons as noted in the F.I.R itself who escaped namely Triveni Yadav who in fact was hurling the bomb. Petitioner is over forty years old person and incapable of any such act because of his age. There is no material to substantiate the fact of age. I therefore, direct the learned Chief Judicial Magistrate Jamui to immediately inquire into the matter and if it is found that the petitioner is above eighty years of age, he shall immediately be released on bail on furnishing bail bond of Rs. 10,000/- ( Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Chakai P.S.Case No. 115 of 2010. Namita ( Navaniti Prasad Singh, J.) 2