IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1601 of 2009 RAMASHISH BIND, S/O- LATE RABATTI BIND, R/O- VILLAGE – KARE, POLICE STATION, DISTRICT - SHEIKHPURA Versus STATE OF BIHAR ----------- 2. 26.03.2009 Heard the parties. The offence alleged is under Section 4/5 of the Explosive Substance Act. The allegation against the petitioner is to the effect that the explosive substance as detailed in the First Information Report was recovered from the possession of the petitioner which was being used for illegal mining. It is submitted on behalf of the petitioner that petitioner was not present in the house. As such, it cannot be said that the material was recovered from his conscious position. Learned counsel for the State submits that there is specific allegation, of recovery of explosive substance and the alleged material which was being used for illegal mining, against the petitioner. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail on behalf of the petitioner is rejected. Jagdish/- (Shailesh Kumar Sinha,J)