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2023 Supreme(Pat) 767

VIPUL M. PANCHOLI, CHANDRA SHEKHAR JHA
Haji Saleem @ Saleem Ahmad – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellants : M/s Arshad Alam, Anjum Perveen, P.K. Jha.
For the U.O.I. : M/s Krishnanandan Singh, A.S.G., Manoj Kumar Singh, Spl. P.P. (NIA), Prakriteta Sharma, J.C. to A.S.G., Pramod Kumar, Spl. P.P. (NIA), Abhijeet Gautam, J.C. to A.S.G., Shivaditya Dhari Sinha, J.C. to A.S.G.
For the State : Mr. Parmeshwar Mehta, A.P.P.

Vipul M. Pancholi, J. – The present appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 (hereinafter, referred as ‘NIA Act’) against order dated 03.01.2023 passed by the learned Special Judge, N.I.A., Patna in Special Case No. 09 of 2021/R.C. No. 13/2021, whereby the said Court has rejected the bail application filed by the present appellant.

2. The factual matrix of the present case is as under: –

“The case bearing F.I.R. No. 26 of 2021 dated 17.06.2021 was registered at Railway P.S. Darbhanga, District Muzaffarpur Rail, Bihar under Sections 3, 4 and 5 of The Explosives Substances Act, 1908. It is alleged in the said F.I.R. that on 17.06.2021, Train No. 07007 Secunderabad-Darbhanga Express reached at Platform No. 2 of Darbhanga Railway Station around 13:25 hours. Parcel Van VPU No.- SC-07829 was opened and seven packets having destination as Darbhanga were taken off. During the process of shifting of parcels, one package which was booked from Secunderabad, exploded and caught fire. The said parcel was packed by one Mohd. Sufiyaan from Secunderabad for himself.”

2.1. After filing of the aforesaid F.I.R., the Central Government was of the opinion t

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