IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39662 of 2008 MD.AKHTAR, Son of Noor Mohammad, resident of village-Mahuawa, P.S. Dhaka, Dsitrict- East Champaran, Motihari. Versus STATE OF BIHAR ----------- 3. 23.10.2008 The F.I.R. was lodged under Sections 3, 4 and 5 of the Explosive Substance Act against four other accused persons and one unknown. The petitioner was not named in the F.I.R. The allegation was that the informant, police officer learnt that a bomb had been exploded by criminals and when he went there he found remains of explosion of bomb and some blood also and learnt that the criminals were manufacturing the bomb and in course of manufacturing, the bomb exploded but the criminals who were named in the F.I.R. fled away. The learned counsel for the petitioner submits that the petitioner is in custody since 20.4.2008. Further submission is that petitioner’s complicity is alleged on the ground that co-accused Hith Lal confessed before police naming the petitioner as one of his associates who was engaged in the manufacturing of bomb. The learned counsel argues that the petitioner was not apprehended at the spot nor there is recovery of any incriminating material from him. Mr. N. K. Prasad, the learned A.P.P. does not point out any other material against the petitioner. In the facts and circumstances of the case, the petitioner, Md. Akhtar is admitted to bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in Kundwa Chainpur P.S. Case No.16 of 2008. (C.M. Prasad, J.) - 2 - Ravi/-