IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27828 of 2010 ARUN KUMAR son of Brij Mohan Mahto, resident of village- Kutubchak, P.S. Barbigha, District- Sheikhpura …Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 14.02.2011 Heard the parties. The petitioner has sought quashing of the order dated 23.06.2010 passed by the Additional Sessions Judge, Sheikhpura, in Sessions Trial No.732 of 2009, by which he has refused to discharge the petitioner. The prosecution case is that the petitioner was found in the house of brother-in-law where 105 Kg. of Amonium Nitrate and three bags of power gel ninety percent explosives and some fuse wires were found in the house. The case was instituted under the provision of section 4/5 of the Explosives Substance Act. It has been submitted that articles were not recovered from the conscious possession of the petitioner and they were recovered from the house of one Raja Ram where the petitioner had gone to visit and there is no licence required for storing of Anomium Nitrate and, therefore, no offence is made out. However, on going through the First Information Report, I find that the articles were recovered from the house where the petitioner was found present which indicates his possession as also that apart from Amonium Nitrate three bags of power gel ninety percent explosives was also recovered. 2 Under the circumstances, I see no merit in the case. The application is dismissed. JA/- (Anjana Prakash,J.)