IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7468 of 2009 VINAY KUMAR, SON OF SRI RAM BALAK SAH, R/V PARSHURAM GOAT, P.S. PARSAUNI, DISTRICT SITAMARHI-------PETITIONER. Versus THE STATE OF BIHAR----------OPP. PARTY. ----------- 03. 08.06.2009 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 414 of the Penal Code and Sections 3 and 4 of the Explosive Substances Act. He is named in the First Information Report and was found on a motorcycle, which was without any registration number, in the dicky of the motorcycle a bag of powder was recovered, which was found explosive in nature. It is submitted on behalf of the petitioner that the motorcycle was later released in favour of the brother of the petitioner, namely, Ravindra Kumar. As regards the explosive powder, it is submitted that the powder simpliciter cannot be used as a bomb, unless it is made out to be a bomb. Let the court below verify that the motorcycle seized from the custody of the petitioner has been released in favour of his brother Ravindra Kumar and the other article seized was only a powder and not a bomb and if both the submission noted above are found correct then the petitioner, namely, Vinay Kumar be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. five thousand only) with two sureties of the like amount each to the satisfaction of the C.J.M., Sitamarhi in connection with Parsauni P.S. Case No. 42 of 2008. Rajesh/ ( V.N. Sinha, J.)