JUDGMENT :

Sujit Narayan Prasad, J.

The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 27.01.2023 passed by the learned Addl. Sessions Judge-I, Sahibganj in A.B.P. No.607 of 2022 in connection with Mirzachowki P.S. Case No.29 of 2022 for the offence registered under Sections Section 3/4 of the Explosive Substance Act, whereby and whereunder, the prayer for anticipatory bail of the appellant, has been rejected.

2. Learned counsel appearing for the appellant has submitted that nothing incriminating has come against the appellant, since, his complicity has only been shown on the basis of confession made by one Dev Singh.

The submission has also been made that the material which was recovered said to have explosive substance, i.e., MEC Power-1 Class-2, explosive, 83mm x 2.78 Kgs of 24 pieces and MEC Force (H), tied by aluminium wire contained in the brown colour plastic bag and 47 pieces of explosive; 83mm x 2.78 Kg, cannot be said to be explosive substance, rather, it can only be considered to be explosive and hence, there is no ingredients of Section 3/4 of the Explosive Substance Act, on the basis of which