IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8489 of 2009 MD. WAHID Versus STATE OF BIHAR ----------- with Cr.Misc. No.9836 of 2009 CHANDRADEEP YADAV @ DARA SINGH Versus STATE OF BIHAR ----------- In Cr.Misc. No. 8489/2009 For the petitioner :Mr. Sajid Salam Khan, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. In Cr.Misc. No.9836/2009 For the petitioner : Mr. Mr. Upendra Kumar, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P ------ 2 30.4.2009 Cr.Misc. No.8489 of 2009 preferred by MD. WAHID and Cr.Misc. No. 9836 of 2009 preferred by CHANDRADEEP YADAV @ DARA SINGH have been taken up together as they arise out of the same Makhdumpur P.S. Case No. 281 of 2008 registered under section 414 IPC and section 3 / 5 of the Explosive Substance Act, having been heard together are being disposed of by this common order. Both the petitioners are named in the FIR and are incarcerated following a raid in the house of Shagusta Parween @ Sagufta Parween where 50 detonators and 15 meter fuse wire were recovered. In the flour mill of Chandradeep Yadav, hidden in a bundle of straw 41 detonators and 60 Kg. vertex super explosive material as also 15 meter fuse wire were recovered. Shagusta Parween had been enlarged on bail vide order dated 9.2.2009 passed in Cr.Misc. No. 1720 of 2009 on the basis of her - 2 - statement that detonators and fuse wire recovered from her house belonged to one Md. Wahid, the petitioner of Cr.Misc. No. 8489 of 2009. In effect the name of petitioner Md. Wahid has cropped up in the confessional statement of Sagufta Parween who has already been enlarged on bail as stated above. So far as Chandradeep Yadav is concerned the submission is that the flour mill is located out side the village. That by itself cannot be a reason to presume that petitioner Chandradeep Yadav was in no way connected with the explosives recovered from his flour mill. In the facts and circumstances of the case the petitioner Md. WAHID, in view of his name cropping up in the statement of a co- accused, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 281 of 2008. So far as Chandradeep Yadav , petitioner of Cr. Misc. No. 9836 of 2009, is concerned there does not appear any plausible excuse for the explosives and detonators being recovered from his flour mill and merely because the flour mill was situated out side the village no presumption adverse to the prosecution case can drawn. In the circumstances the prayer for bail of Chandradeep Yadav is rejected. Spd/- (Abhijit Sinha, J.)