Designated TADA Judge P D Kode granted permanent bail to Birya (65), owner of Birya's Restaurant and Bengal Lodge at Crawford Market and several other restaurants and buildings in the city, early this month stating that there was no nexus between Birya and any of the 180 accused in the serial blasts case.

The hotel owner was arrested on April 18, 1993 and according to the prosecution Birya had guided police to a vacant plot of land near Picnic Guest House, Juhu from where six AK-56 assault rifles and 12 empty magazines were recovered. Birya, who had cardiac problems, also suffered a paralytic stroke while in custody. The then TADA Judge J N Patel granted him interim bail on medical grounds. Later Birya moved for permanent bail before Judge Kode, who then observed that Biryacould not be granted permanent bail as he had to surrender before the court. Birya then moved the Supreme Court which extended the interim bail by six months. The apex court also pointed out in its order that there was no clause for the accused to surrender before the court. Last month, Birya moved the TADA court again for permanent bail and managed to obtain it this time. Judge Kode observed that Birya's name was neither mentioned in the confessional statements of any of the serial blasts accused nor was he present during any of the meetings held both prior and after the blasts. On the basis of categorisation by the Central Bureau of Investigation, (CBI) Birya was entitled to bail as other accused with more serious offences against them were granted bail on the basis of categorisation, the judge pointed out. With Birya's enlargement on bail, the number of the blasts accused in the prison have been reduced to just 30. In the last six months, over 30 accused have been granted permanent bail and exemptionsfrom the appearance in the TADA appearances.

Mahesh Jethmalani and O A Siddiqui appeared for Birya.