Shivlal Soren @ Mota v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13851 of 2017 Arising Out of PS.Case No. -58 Year- 2016 Thana -CHANDMUNDI District- JAMUI ====================================================== Shivlal Soren @ Mota, son of Late Budhu Soren, resident of VillageKhairket Tola, Bashara, P.S.- Chandermandi, District- Jamui, .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr.Advocate with Mrs. Priyanka Singh, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Chandermandi P.S.Case No. 58 of 2016 registered for the offences punishable under Sections 16, 17, 18, 19, 20, 21, 22 of Unlawful Activities Act and 3/4 of Explosive Substance Act. Allegation against the petitioner is of recovery of explosive substance from his house.

It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner, rather it has been recovered from the house of the petitioner and further mere possession of explosive substance is no offence. It has further been submitted that for offence of unlawful activities investigation has to be made by police officer in the rank

Patna High Court Cr.Misc. No.13851 of 2017 (3) dt.12-04-2017 2/2 of Dy.S.P. and petitioner is in custody for more than eight months. Heard learned APP also.

Having heard both sides and considering the fact that recovery is from the house of the petitioner and there is no explanation for keeping of such substance in the house, I am not inclined to grant bail to the petitioner.

Let the trial be expedited.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U