IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42764 of 2009 SURESH MANJHI, Son of Kesho Manjhi, Resident of Balthar, P.S. Barachatti, District Gaya ………… Petitioner Versus STATE OF BIHAR ……. Opposite Party ----------- For the Petitioner : Mr. A.K.Thakur, Advocate For the State : Mrs. Veena Kumari Jaiswan, A.P.P. ---- 5 30.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Section 4 / 5 of Explosive Substance Act and Section 17 of C.L.A. Act. As per the allegation as set up in the first information report, huge quantity of explosive material including 1200 detonators and 5 power gel sticks have been recovered, which was kept in the community hall at the behest of the petitioner. Learned counsel for the petitioner submitted that recovery is from the community hall not from the possession of the petitioner. It is further submitted that petitioner only deals business of fertilizers and food grains. It is stated that petitioner is in custody since 26.9.2009 and chargesheet has been submitted. Further - 2 - contention is that petitioner is having clean antecedent. Learned counsel for the State submitted that huge quantity of explosive materials have been recovered and it was the petitioner who had locked the premises and was holding the key and he had opened the lock thereafter recovery had been made. Thus, the said premises was under his control and possession. Having regards to the facts and circumstances and gravity of the nature of allegation and the fact that huge quantity of explosive materials have been recovered, I am not inclined to grant bail to this petitioner. This application is, thus, dismissed at this stage. Spd/- (Dr. Ravi Ranjan, J.)