IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32195 of 2008 MAHESH CHOUDHARY Versus STATE OF BIHAR With Cr.Misc. No.33553 of 2008 VIJAY PASWAN Versus STATE OF BIHAR ----------- 2. 22.8.2008 Heard. The case is under solitary Section 427 of the IPC. The none bailable Sections are 3/4 of the Explosive Substances Act and 27 of the Arms Act, besides Section 17 of the Criminal Law Amendment Act. The petitioner, of course, is named in the FIR which relates to some extremist activities of detonating bombs and thereby demolishing a community hall as also damaging a Kachcha house. The learned Additional Sessions Judge has mentioned in his rejection order that the petitioner prior to the commission of the offence had a look of the locality so as to committing the offence. The learned Judge has made reference to certain paragraphs of the case diary. This might be true that the material is not specific against any one and there being a defence of false implication on account of fighting against the local Mukhiya. The petition - 2 - for bail of Mahesh Choudhary could be allowed. Similar could be the reasons for allowing the prayer for bail of petitioner Vijay Paswan as well who is definitely named in the FIR but also does not bear any specific allegation of committing any overt-act. Let the above named two petitioners be released from custody on furnishing bond of Rs.5,000/-(five thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawadah in Sirdalla(Meskaur) P.S.Case no.35 of 2008. B.Kr. ( Dharnidhar Jha, J. )