IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6864 of 2009 BISUDEO MANGHI Versus STATE OF BIHAR ----------- 5/ 19.7.2010 In spite of having been granted adjournment on 15.7.2010, another prayer is made for adjourning the case. Prayer is understandable because further proceedings in the court below has been stayed by a bench of this Court. It is generally being seen that when there is an order of stay of the proceedings in the court below, counsel for the petitioner evades appearing before the court which wants to take up the matter. Simple point is whether the trial of a person against whom cognizance has been taken under sections 4/5 of the Explosive Substances Act, could proceed without the consent of the District Magistrate. The answer could be had from section 7 of the Explosive Substances Act, 1908. The order dated 5.1.2009 is simply an order of summoning the petitioner. There is no prohibition or bar in the Act aforesaid for passing an order of summoning without sanction. The petition stands dismissed. Stay granted vide order dated 16.2.2010 is hereby vacated. Anil/ ( Dharnidhar Jha, J.)