Patna High Court
MD. ABBASversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Abbas, was arrested in connection with a bomb blast alleged under sections 126(2), 109, 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 3 and 4 of the Explosive Substance Act. The informant claimed the accused threw a bomb that injured his younger sister. Abbas contended that he was falsely implicated, the allegations were vague, and he had no prior criminal record, having been in custody since 26‑08‑2025. The State opposed bail, but the court noted the five‑month detention, the filing of the charge‑sheet, and the petitioner’s clean antecedent. Consequently, the court ordered regular bail on a bond of Rs.10,000 with two sureties, subject to satisfaction of the Judicial Magistrate, 1st Class, Banka.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the alleged bomb‑blast offences under the Bhartiya Nyaya Sanhita and the Explosive Substance Act
- Whether the duration of pre‑trial detention and lack of criminal antecedent justify granting bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- explosives
- Bhartiya Nyaya Sanhita
- Explosive Substance Act
- high court
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77069 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- BANDHUWA KURAWA District- Banka
======================================================
MD. ABBAS Son of Late Sheikh Sidhiqui Resident of Village - Kolhdih, P.S.-
Bandhwa Kurawa, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shambhu Narayan Singh, Advocate
Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bandhuwa Kurawa P.S.
Case no.47 of 2025 registered under sections 126(2), 109, 352,
351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and
sections 3 and 4 of the Explosive Substance Act.
3. As per the prosecution case, the informant states
that he woke up late in the night on the sound of a bomb blast.
On going on his terrace, he saw the seven named accused
persons including the petitioner herein on the terrace of the
neighbouring house. It is stated that the accused threw a bomb
on him as a result of which his younger sister sustained injury.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.77069 of 2025(4) dt.11-02-2026
2/2
petitioner has been falsely implicated in the case. The
allegations are general and omnibus in nature and the sister of
the informant has sustained simple injury. The petitioner is in
custody since 26.8.2025 and has no criminal antecedent.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the petitioner having remained in custody for 5 months
since 26.8.2025, his not having any criminal antecedent and
charge-sheet having been submitted in the case, the petitioner is
directed to be enlarged on bail in connection with Bandhuwa
Kurawa P.S. Case no.47 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Banka.
(Partha Sarthy, J)
Shiv/-
U T
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