2026:JHHC:14763 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 74 of 2009 [Against the Judgment of conviction and Order of sentence dated 12.01.2009 passed by learned Additional Sessions Judge-III, (Fast Track Court), Jamtara, in Sessions Case No. 21 of 2003] Riyaz Ansari, son of Late Laskari Mian, resident of Village – Chengaidih, P.S. + District – Jamtara. … … Appellant Versus The State of Jharkhand … … Respondent ….. For the Appellant : Mr. Nityanand Pd. Choudhary, Advocate For the State : Mr. Sardhu Mahto, A.P.P. ……. P R E S E N T HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ….. J U D G M E N T Reserved On : 13.04.2026 Pronounced On : 14/05/2026 1. The instant criminal appeal is directed against the judgment of conviction and order of sentence dated 12.01.2009 passed by learned Additional Sessions Judge-III (Fast Track Court), Jamtara in Sessions Case No. 21 of 2003, whereby and whereunder, the appellant has been held guilty for the offence punishable under Section 4 of the Explosive Substance Act and directed to undergo R.I. of 05 years and further held guilty for the offence under Section 5 of the Explosive Substance Act and directed to undergo R.I. of 03 years. Both the sentences were directed to run concurrently. 2026:JHHC:14763 2 2. The factual matrix giving rise to this appeal is that on 29.03.2001, at about 4:00 P.M., the informant received a confidential information that some suspected miscreants have assembled near the house of Riyaz Ansari (present appellant) and making plan for commission of any serious crime. On the basis of above information, the informant proceeded for Village – Chengaidih along with S.I. Rama Shankar Singh, S.I. Abdul Gaffar, Driver Narayan Mandal and other police force and reached to the house of Riyaz Ansari. It has been alleged that in presence of local independent witnesses namely, Amir Ansari and Sayup Ansari, the house of Riyaz Ansari was raided by police personnel. In course of raiding, two live bombs were recovered from the room of the house of Riyaz Ansari kept in dhirga covered with black cloth. It was further noticed that two live bombs were also covered with rope appearing as “Dabba Bomb”. Upon interrogation, accused Riyaz Ansari disclosed his name as well as confessed that he has prepared the said bombs with intention to commit crimes. No licence or any other document was produced for the possession of the bombs recovered from the house of 2026:JHHC:14763 3 accused. Hence seizure list was prepared in presence of independent witnesses and one copy of seizure list was given to the accused after obtaining LTI of witnesses and signature of the accused. The accused was arrested and produced before the Court. 3. On the basis of aforesaid information, FIR being Jamtara P.S. Case No. 60 of 2001 was registered for the offence under Sections 4/5 of the Explosive Substance Act and after completion of investigation, the case was committed to the court of Sessions, where Sessions Case No. 21/2003 was registered. The appellant denied the charges leveled against him and claimed to be tried. 4. The learned trial court, after considering the evidence adduced by the prosecution, recorded the guilt of the appellant and accordingly passed the order of sentence, which has been assailed in this appeal. 5. Learned counsel for the appellant has strenuously argued that admittedly the raid was conducted at the house of the appellant on the basis of confidential information received by the informant party. It has been submitted that out of 10 witnesses examined in this case, P.W.-1 Abas Mian, P.W.-3 Anwar Ansari, 2026:JHHC:14763 4 P.W.-5 Mumtaz Ansari and P.W.-6 Narayan Mandal have been declared hostile by the prosecution. P.W.-2 Sayub Ansari although has not declared hostile but has not supported the prosecution case. The above independent witnesses of seizure have categorically denied from any recovery of bomb from the house of the appellant. P.W.-4 Ram Shankar Singh, P.W.-7 Ram Pravesh Tiwari, P.W.-8 Guru Prasad Pandey and P.W.-9 (informant) are members of the raiding party. P.W.-10 Sailendra Kumar Jha is a formal witness, who has defused the recovered bombs. Therefore, except members of the raiding party, the prosecution case has not been corroborated from any independent source. The learned trial court has miserably failed to consider that except the interested witnesses, who were members of raiding party, no evidence has been brought on record proving any recovery of bomb and the same was defused without any examination as to really the alleged bomb was effective to cause any danger to life, if exploded. The capacity of the bomb was also not proved. The raiding party has stated simply that the material recovered appears to be live bomb, but to substantiate the same, no evidence has been adduced. The appellant was arrested by the 2026:JHHC:14763 5 police in biased manner because it is mentioned in the FIR itself that a confidential information was received that some miscreants have been assembled at the house of present appellant and preparing to execute some heinous offences. It is quite surprising that the appellant has no criminal antecedent at all and other miscreants, who were suspected by police have not been arrested and booked in this case. Therefore, the entire prosecution story is suspicious and concocted one. When the police did not succeed in arresting any known offender, then appellant was made escape goat of circumstances in this case by projecting false evidence of recovery of bomb from his house. There were several persons residing in the house of the appellant and at the time of alleged occurrence, the appellant was about 20 years old, having no criminal background. 6. In alternative, it is argued that during trial and post- conviction, the appellant has remained in custody for about six months and the recovery of only two hand- made sutli bombs have been alleged to be found from the house of the appellant. Seizure list witnesses also not supported the recovery, although in the FSL 2026:JHHC:14763 6 report, the bomb was found to be hand-made. In the facts and circumstances of the case, the appellant has been sufficiently punished for his guilt. He has never involved in any other case since the conviction in this case and is on bail since 30.01.2009, therefore, the sentence passed against the appellant may be reduced to the imprisonment already undergone by him. 7. On the other hand, learned A.P.P. appearing on behalf of State has opposed the aforesaid contentions and defending the impugned judgment on merits, has submitted that although the witnesses, who have proved the recovery of hand-made live bomb from the house of present appellant are members of raiding party and the informant of the case, but only on that account their testimony cannot be disbelieved or discarded in view of the fact that the said recovered articles were also examined at FSL and report (Exhibit-6) is also available on record, which shows that after chemical analysis of the seized material kept in the glass phial marked ‘A’, a prohibited sensitive explosive mixture of Arsenic sulphide and potassium chlorate was detected. The pieces of iron 2026:JHHC:14763 7 were designed to act as missiles on explosion. Therefore, it was concluded that the contents of glass phial were ingredient of hand-made explosive object / objects. Therefore, there is no merit in this appeal, which is fit to be dismissed. As regards, age of the appellant, at the time of occurrence, his clean criminal background has not been disputed by the prosecution. 8. I have gone through the record of the case. It appears that P.W.-1 Abas Mian, P.W.-3 Anwar Ansari, P.W.-5 Mumtaz Ansari and P.W.-6 Narayan Mandal have been declared hostile by the prosecution and P.W.-2 Sayub Ansari, although has not been declared hostile, but has not supported the prosecution case. P.W.-4 Ram Shankar Singh, P.W.-7 Ram Pravesh Tiwari, P.W.-8 Guru Prasad Pandey and P.W.-9 (informant) are members of the raiding party have consistently proved the recovery of two live bombs from the house of the present appellant and he was arrested on the spot and seizure list were prepared. Merely because these witnesses are members of raiding party and seizure list witnesses have become hostile does not affect the merits of the prosecution case. P.W.-10 has 2026:JHHC:14763 8 also proved that the bomb recovered from the house of the appellant was also defused. The FSL Report (Exhibit-6) is also on record, wherein it has categorically opined that the contents of glass phial were ingredient of hand-made explosive object / objects. 9. In view of the above, I do not find any ground to interfere in the impugned judgment on merits, which is hereby upheld and confirmed. 10. So far quantum of sentence awarded to the appellant from the offfence proved against him, it is crystal clear that the hand-made bomb not so much serious for endangering the human life has been recovered and he has also remained in custody about six months. It further transpired that it was first offence of the appellant and he was never convicted for any offence or involved in any other case. At the time of occurrence, he was aged about 19-20 years, having a bright future prospect. It is also obvious that the appellant is on bail since 30.01.2009. 11. In the aforementioned facts and circumstances, the imprisonment already undergone by the appellant appears to be sufficient punishment for his guilt. 2026:JHHC:14763 9 Therefore, the sentence passed against the appellant is hereby altered and modified to the extent of imprisonment already undergone instead of undergoing substantive sentence of imprisonment awarded by the learned trial court. 12. In the result, this appeal is dismissed on merits and modified in sentence, as stated above. 13. Appellant is on bail. He is discharged from the liability of bail bond and sureties shall also discharged. 14. Pending I.A., if any, stand disposed of. 15. Let a copy of this judgment along with trial court record be sent back to the court concerned for information and needful immediately. (Pradeep Kumar Srivastava, J.) Jharkhand High Court, Ranchi Dated, the 14th May, 2026. Sunil /N.A.F.R. Uploaded On 15/05/2026