IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5206 of 2011 SURYADEO TIWARI, S/o of Late Gupteshwar Tiwari, Resident of village – jamuhar, Police station- Dehri, Dist- Rohtas. Versus THE STATE OF BIHAR ----------- 2. 11.03.2011 The petitioner is in custody in relation to Sasaram (M) P.S.Case No. 778 of 2010 for alleged offence under Section 4/5 of the Explosive Substance Act read with Section 120B of the Indian Penal Code. It is alleged that the petitioner who is a licensee under the Explosive substance Act and entitled to store explosive, were found explosive of about thirty bags of 50 Kg. each Amonium Niterate. In the F.I.R, itself it is alleged that at the time of inspection the son of the petitioner who were present, immediately produced large volume of documents to show the licence purchased and memos for the same. It is alleged that petitioner was storing the said substance for sale to the extremists. On behalf of the petitioner it is submitted that Amonium Niterate by itself is not an explosive substance even otherwise petitioner was ultimately doing business in the said substance under licence issued by the government. As is admitted in the F.I.R itself the allegation is that the petitioner sells the same to the extremists is only speculative and without any foundation even otherwise it is at best a preparation to commit an offence, which is not an offence itself. Be that as it may, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- ( Rupees 2 Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rothas at Sasaram in Sasaram (M) P.S.Case No 778 of 2010. Namita ( Navaniti Prasad Singh, J.)