IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.31066 of 2008 LAL BABU KUMAR Vrs. THE STATE OF BIHAR **** /2/ 29.08.2008 Heard the counsel for the petitioner and the State. 2. Petitioner, Lal Babu Kumar, is named as accused in Pupari P.S. Case No. 91 of 1998 (G.R. No. 281 of 1998/Tr. No. 1499 of 2007) for offence under Section 3 and 4 of the Explosive Substances Act. Allegation against the petitioner is that he was apprehended with plastic bag from which a live bomb was recovered. The petitioner was handed over to the police, but, he was released by the police on executing P.R. bond. Subsequently, under the direction of the Deputy Inspector General of Police, Muzaffarpur, the Superintendent of Police, Sitamarhi, supervised the case. The allegation against the petitioner was found false and recommendation was made for prosecution of informant under Sections 182 and 211 of the Indian Penal Code. Subsequently, the petitioner has been charge sheeted on the basis of protest. In this circumstance, the petitioner has moved for grant of anticipatory bail before the Sessions Judge, but, the same has been rejected. 3. Earlier in view of decision, reported in 2004(3) 2 P.L.J.R., 491 (Mahendra Prasad Singh Vrs. The State of Bihar), in the similar matters, anticipatory bail applications were not entertained and petitioners were directed to move before the concerned Magistrate for grant of bail. 4. Counsel for the petitioner has produced the order of the Apex Court passed in Criminal Appeal No. 1580 of 2007 (arising out of S.L.P. (Cri.) No.234 of 2007) where it has been held that direction in the decision reported in 2001(4) S.C.C., 280 (Prahlad Singh Bhati Vrs. NCT Delhi & Anr.) to appear before the Magistrate for grant of bail in non-bail able offence i not permissible as the Magistrate does not have jurisdiction to grant bail in such cases where the offence is non-bail able. 5. Considering the decision reported in 2008(3) P.L.J.R., 268 (Kripanand Prasad @ Karu Yadav & Ors. Vrs. The State of Bihar) as well as the decision of the Apex Court filed in the supplementary affidavit passed in Criminal Appeal No. 1580 of 2007 (arising out of S.L.P. (Cri.) No.234 of 2007) and also that the petitioner has remained on police bail all through, but, never misused it, his prayer for anticipatory bail on behalf of the petitioner is allowed. He is 3 directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the aforementioned case to the satisfaction of the Sub Divisional Judicial Magistrate, Pupari, Sitamarhi, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. S.A. ( Mridula Mishra, J. )