Patna High Court
Md. Nijam @ Md. Nijam Sah @ Nijam Sah @ NijamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with conditions.
Summary
The petitioner, Md. Nijam, was arrested on 13 March 2026 in connection with a case involving an explosion that injured five children, alleged under IPC Section 307 and the Explosive Substances Act. The prosecution’s case is based on the testimony of a co‑accused, Manoj Sah, as the petitioner’s name does not appear in the FIR. The petitioner contended that he was falsely implicated and pointed to a prior bail order granted to a similarly situated co‑accused, Suman Kumar Paswan. The State opposed bail, noting the petitioner’s involvement in another pending case and alleging that he is already on bail elsewhere. The court, noting the absence of the petitioner’s name in the FIR and the precedent of bail to a co‑accused, granted bail subject to a cash bond, sureties and strict conditions regarding trial attendance and non‑tampering with evidence.
Issues considered
- Whether the petitioner, who is not named in the FIR, is entitled to bail in a case under Sections 307 IPC and the Explosive Substances Act.
- Whether the precedent of bail granted to a similarly situated co‑accused warrants granting bail to the petitioner.
- Whether the petitioner’s other pending case and alleged bail status affect the grant of bail.
Legislation cited
- Explosive Substances Act — s. 75
- Indian Penal Code — s. 307
Subjects
- bail
- attempt to murder
- explosive substances
- false implication
- FIR
- co‑accused
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39925 of 2026
Arising Out of PS. Case No.-390 Year-2023 Thana- RANIGANJ District- Araria
======================================================
Md. Nijam @ Md. Nijam Sah @ Nijam Sah @ Nijam son of Idrish Resident
of village- Madhura Uttar, Ward no. 13, Ps- Narpatganj, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-06-2026 Heard Mr. Gopal Kumar Jha, learned counsel for the
petitioner and Mr. Syed Mojibur Rahman, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
13.03.2026, in connection with Raniganj P.S. Case No. 390 of
2023, F.I.R. dated 05.10.2023 registered for the offences
punishable under Sections 307 of the Indian Penal Code and
Section ¾ of the Explosive Substance Act.
3. As per the prosecution case, the informant’s son
along with other children of village had gone to bank of canal to
bring firewood then they saw something in an old plastic bag
near babul tree, in course of collecting firewood, there was
explosion in bag and five children including the informant’s son
sustained injuries. Thereafter, the injured was taken to the
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Hospital for treatment. It is further alleged that dacoity was
held in the house of one Rinku Nayak 15 to 16 days ago an
articles of Rinku Nayak were also found near place of
occurrence. It is alleged that the miscreants threw the bomb in
bush near canal in course of fleeing away.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named
in the F.I.R. and the name of the petitioner has been transpired
on the basis of disclosure made by apprehended co-accused
person, namely, Manoj Sah. He further submits that similarly
situated co-accused person, namely, Suman Kumar Paswan has
been granted bail by a Coordinate Bench of this Court vide
order dated 20.07.2024 passed in Cr. Misc. No. 42007 of 2024
and the police after investigation submitted chargesheet against
the petitioner and the petitioner is in custody since 13.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the name of the petitioner has been
transpired on the basis of disclosure made by apprehended co-
accused person and apart from aforesaid the petitioner carries
one more case other than the present one but fairly submits on
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the basis of paragraph-3 of the bail petition that the petitioner is
on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R. as well
as similarly situated co-accused person has been granted bail by
a Coordinate Bench of this Court, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. Ist, Araria
in connection with Raniganj P.S. Case No. 390 of 2023, subject
to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
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criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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