IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39278 of 2008 RAJU JHA @ RAJEEV JHA @ RAJEEV KUMAR JHA Versus STATE OF BIHAR ----------- 2 18.9.2008 Petitioner is an accused in Mithanpura P.S.Case no.102 of 1998 instituted under Sections 121(A) and 122 of the Indian Penal Code and Section 3/5 of the Explosive Substance Act. As per FIR it is alleged that from the godown of one Munna Tiwary fusible radio active uranium with foreign marking was found. Two persons arrested there about, namely, Sushil Kumar and Prahlad Singh, who disclosed to the police that it was the petitioner , who had brought the materials from Calcutta and gave it to Munna Tiwary. Though the case was instituted in 2008, the petitioner surrendered on 15.2.2008 i.e. after 10 years and his bail was rejected by this Court on 10.6.2008 in Cr. Misc. No. 22037 of 2008. At that time it was alleged that police after investigation , on basis of test report ,has submitted a final form on ground of lack of evidence to form any charge. In this bail application it is now urged that notwithstanding final form, the trial Court has taken cognizance against for an offence punishable under Sections 121(A) and 122 of the Indian Penal Code and Section 3/5 of the Explosive Substance Act. Mr. Surya Nr. Sinha, learned Senior counsel in support of the application draws my attention to the pleadings made in para 11 of this application whereby co accused Sushil Kumar Singh, who was arrested along with another and both of them have disclosed the name 2 of the petitioner, have been granted bail by the lower Court itself. So far as Munna Tiwary from his godown the said materials were recovered , his application was rejected by this Court but later on by order dated 19.2.2002 passed in Cr. Misc. No. 3989 of 2002 has been granted bail. Petitioner has been in custody since 15.2.2008 and pursuant to cognizance having been taken , the case has already been committed to the Court of Sessions and is pending before 1st Additional Sessions Judge,Muzaffarpur being S.Tr. no. 499 of 2008. In the facts and circumstances, as stated above, let petitioner, Raju Jha alias Rajeev Jha alias Rajeev Kumar Jha, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Muzaffarpur in Sessions Trial no. 499 of 2008. SINGH (Navaniti Prasad Singh , J.)