IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28274 of 2011 Ridhi Choudhary, Son of Late Suryanath Choudhary, Resident of Village Wasirganj, PS Sasaram (M), District Rohtas --- Petitioner Versus The State Of Bihar --- Opposite Party ----------- 2 23.8.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is an accused in a case under Section 4/5 of Explosive Substance Act. 50Kgs. Of Ammonium Nitrate was recovered from the house of the petitioner which was under construction. Learned counsel for the petitioner submits that the petitioner has five other brothers and it cannot be specifically alleged that the petitioner was responsible for storing the Ammonium Nitrate. It is also submitted that Government Notification of the year 2008 indicates that Ammonium Nitrate is not an explosive substance. As per the order of the Court below, it would appear that a subsequent notification of the year 2010 was also published which indicates that Ammonium Nitrate when mixed with fuel oil would come under the category of explosive substance. Apart from the present case, petitioner 2 has also been made accused in two other cases under Section 307 of the Indian Penal Code and 27 of the Arms Act, which according to the petitioner was due to an occurrence took place amongst the agnates of the petitioner’s family. Considering the short period of custody i.e. 27.6.2011, I do not think that this is a fit case for grant of bail. This application is dismissed. Sanjay (Sheema Ali Khan, J.)