IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44119 of 2009 Sohrai Ram, S/o Raja Ram, resident of Newarea Chunna Bhatta, Dalmianagar, P.S. Dalmianagar, District-Rohtas at present Sheikhpura House, P.S. Shastri Nagar, District- Patna. ………………………………………..Petitioner. Versus The State of Bihar …………………………Opposite Party. ----------- 4. 30. 03. 2010. Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner and Mr. Bishweshwar Ram, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Rohtas P.S. Case No. 28/2008 dated 27. 04. 2008, registered under Section 9 (B) and 9(C) of the Explosive Act, 1884 and 17 of C.L.A. Act. According to the prosecution case, huge quantity of explosives were seized from Banjari Lime Stone Mines at Banjari and the petitioner is said to be Proprietor of the same. It is alleged that explosives were supplied to the extremists by the accused persons. Registers and other relevant documents regarding possession of explosives at the said premises were not produced by the accused persons before the Investigating Officer or the informant, which gave rise to suspicion that accused persons are in league with extremists. Learned counsel for the petitioner denies the entire allegations and submits that petitioner is residing at Patna and is an old man aged more than eighty years. In support thereof, he has brought on record the Matriculation Certificate of the petitioner 2 showing his date of birth as 28. 01. 1930. He further submits that whatever has happened there in that premises , the petitioner had absolutely no knowledge about the same, as he was not present there. Therefore, Section 9 C of the Explosives Act, 1884 shall not be applicable against the petitioner. Learned counsel for the State has pointed out that till date petitioner could not be interrogated by the Investigating Officer of the case and his interrogation is necessary for coming to right conclusion in the investigation. In the aforesaid background, it is expedient that the petitioner is directed to appear before the S.P., Rohtas at Sasaram on 12th April, 2010 along with a copy of this order. The S.P., Rohtas at Sasaram, in turn may fix a date for interrogation of the petitioner by the Investigating Officer of this case. On the date fixed, petitioner must remain present on the place fixed by the S.P. It is further directed that petitioner must remain physically present at least on two dates in a month for interrogation as fixed by the S.P., Rohtas at Sasaram, so that investigation of the present case is completed at an early date. In that view of the matter, till submission of the charge sheet in the present case, the petitioner, namely, Sohrai Ram, in the event of his arrest/surrender within a period of four weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas (Sasaram) in 3 connection with Rohtas P.S. Case No. 28/2008, subject to the conditions as laid down under Section 438(2) of Cr.P.C. and subject to a further condition that petitioner must appear before the S.P., Rohtas at Sasaram, on the date fixed. Non-compliance of any of the conditions imposed above shall be construed as misuse of privilege of bail and that may entail cancellation of the bail bond of the petitioner on the order passed by the court below itself. m.p. ( Birendra Prasad Verma, J.)