Patna High Court
Hakim HawariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioners are entitled to bail.
Summary
The petitioners, Hakim Hawari and Shyambabu Kumar Ram, were arrested on 29‑12‑2025 for allegedly manufacturing adulterated petrol. They were charged under several provisions of the Bihar Narcotic Substances Act, 2023 (sections 111, 303(2), 287, 317(2), 317(4), 317(5), 318(4)), the Explosive Substance Act (sections 3 and 4) and the EC Act (section 7). The petitioners claimed they were merely labourers employed by the main accused, Anamulllah Mian and Md. Nurullah, and asserted a clean antecedent. The court examined the facts, noting the petitioners’ subordinate role and lack of prior record, and concluded that bail was appropriate. Accordingly, the court ordered their release on bail of Rs 10,000 each with two sureties, and directed the police to arrest the main accused within four weeks and report back.
Issues considered
- Whether the petitioners, charged under the B.N.S., Explosive Substance Act and EC Act, are entitled to bail given their alleged role as labourers and clean antecedent
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 111, 287, 303(2), 317(2), 317(4), 317(5), 318(4)
Subjects
- bail
- adulterated petrol
- explosives
- EC Act
- criminal procedure
- clean antecedent
- labourer role
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15609 of 2026
Arising Out of PS. Case No.-523 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
1. Hakim Hawari Son of Late Majid Hawari
2. Shyambabu Kumar Ram Son of Ram Prasad Ram.
Both are resident of Village -Ahirwa Tola P.S. - Raxaul, District- East
Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Prateek Tandon, Advocate
For the Opposite Party : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Ramgarhwa P.S. Case No.523 of 2025 registered for the offence
under sections 111, 303(2), 287, 317(2), 317(4), 317(5), 318(4)
of the B.N.S., 2023, under section 3/4 of the Explosive
substance Act and under section 7 of the E.C. Act.
3. The petitioners were found manufacturing
adulterated petrol.
4. It has come during investigation that the
petitioners are labourers engaged by the main accused namely,
Anamulllah Mian and Md. Nurullah. The petitioners are in
custody since 29.12.2025 having clean antecedent.
Patna High Court CR. MISC. No.15609 of 2026(2) dt.16-03-2026
2/2
5. Considering the aforesaid facts, this bail
application is allowed.
6. Let the petitioners, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
each with two sureties of the like amount each to the satisfaction
of learned S.D.J.M., Raxaul at Motihari, East Champaran /
concerned Court below, in connection with Ramgarhwa P.S.
Case No.523 of 2025.
7. If the main accused persons i.e. Anamulllah
Mian and Md. Nurullah have not been arrested then the
Superintendent of Police, East Champaran will take all steps for
arresting them and file a report in this regard before this Court
after four weeks.
8. Let a copy of this order be communicated to
the Superintendent of Police, East Champaran, forthwith
through FAX or e-mail for its compliance.
9. List this case after four weeks for perusal of
report of the Superintendent of Police, East Champaran.
(Sandeep Kumar, J)
pawan/-
U T
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