Jharkhand High Court
Manoj Kumar @ Manoj Mehta vs The State Of Jharkhand on 3 August, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 612 of 2023
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Manoj Kumar @ Manoj Mehta, aged about 40 years, son of Chhotan
Mehta, resident of Phulwariya, P.O. & P.S. Nawalshahi, Dist.-Koderma.
....... Appellant
Versus
The State of Jharkhand ....... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Ajay Shankar, Advocate
Mr. Nitesh Kumar, Advocate
For the Respondent : Mrs. Shweta Singh, APP
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rd
05/Dated: 03 August, 2023
1. The instant appeal is under Section 21(4) of the National Investigating
Agency Act, 2008 directed against the order dated 01.04.2023 passed by
the learned Sessions Judge-I, Koderma in B.P. No. 121 of 2023, whereby
and whereunder, the prayer for regular bail has been rejected in
connection with Nawalshahi P.S. Case No. 19 of 2023 registered under
Section 4/5 of the Explosive Substance Act.
2. It has been contended that it is a case where the appellant has falsely been
implicated since there is recovery of total 80 pieces of detonators out of
which 40 pieces of detonators has been recovered from the dicky of the
motorcycle which is owned by the appellant.
3. The plea has been taken that the motorcycle was parked outside the
premises in the open place, as such, recovery which has been made of the
detonators has been disowned.
4. It has been contended that the detonator in isolation cannot be said to
attract the ingredient of Sections 4 and 5 of the Explosive Substance Act
since the detonator as per the definition of explosive substance under the
Explosive Substance Act will not come under the fold of explosive
substance.
5. It has further been submitted that the appellant is languishing in judicial
custody since 09.03.2023 and the appellant is having no criminal
antecedent of identical nature.
6. Mrs. Shweta Singh, learned Additional Public Prosecutor appearing for
the respondent-State of Jharkhand has submitted that the nature of
allegation is serious as per the FIR since total 80 pieces of detonators have
been recovered out of which 40 pieces have been recovered from the
motorcycle which is owned by the appellant.
7. It has further been submitted that there is criminal antecedent although the
said case is under Section 323 and 504 of IPC.
8. This Court after having heard the learned counsel for the parties and
taking into consideration the fact that total 80 pieces of detonators have
been recovered which as per the definition of explosive substance cannot
be considered to be explosive substance as per the judgment rendered by
the Hon'ble Apex Court in Lopchand Naruji Jat and Anr. vs. State of
Gujarat, [2004 (3) East Cr. C. 226 (S.C.)] and by this Court in case of
Kamal Sheikh and Anr. vs. State of Jharkhand, (2013) 2 JBCJ 234.
9. Further, so far as the issue of antecedent is concerned, which is one of the
ground taken on behalf of the State for rejecting the bail application, the
said case is not of identical nature rather the same is under penal offence
as under Section 323 and 504 of IPC and the appellant is languishing in
judicial custody since 09.03.2023.
10. Regard being had to the facts and circumstances of the case, this Court is
of the view that the order dated 01.04.2023 passed by the learned Sessions
Judge-I, Koderma in B.P. No. 121 of 2023 needs to be interfered with.
11. Accordingly, the order dated 01.04.2023 passed by the learned Sessions
Judge-I, Koderma in B.P. No. 121 of 2023 in connection with Nawalshahi
P.S. Case No. 19 of 2023, is quashed and set aside.
12. In consequence thereof, the appellant, named above, is directed to be
released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate First Class, Koderma in
connection with Nawalshahi P.S. Case No. 19 of 2023, subject to the
condition which the learned court deems fit and proper so that the trial
may not get hindered.
13. Accordingly, the instant appeal stands disposed of.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Saurabh/-
