Patna High Court
Nathuni SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted regular bail to the petitioner, subject to the framing of charge and a bail bond of Rs 10,000 with two sureties, one being a family member.
Summary
Nathuni Sah was arrested in connection with a case of an explosive device discovered on a road on Republic Day 2013, alleged under sections 3 and 4 of the Explosive Substances Act and section 17 of the Criminal Law Amendment Act. The FIR described a pressure‑cooker bomb found by the bomb disposal squad, but the petitioner contended that he was falsely implicated, noting that he was not named in the FIR and that only a co‑accused’s confessional statement linked him to the crime. He had been in judicial custody since 15 September 2025 while the police prepared a charge‑sheet. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the court held that bail should be granted, subject to the framing of charges and a bail bond of Rs 10,000 with two sureties, one of whom must be a family member. The order thus released the petitioner on regular bail pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the alleged explosive offence
- Whether the material on record, including the co‑accused’s confession, is sufficient to justify continued detention
Legislation cited
- Criminal Law Amendment Act, 1952 — s. 17
- Explosive Substances Act, 1908 — s. 3, 4
Subjects
- regular bail
- explosive substances
- false implication
- criminal procedure
- bail bond
- section 3 Explosive Substances Act
- section 4 Explosive Substances Act
- section 17 Criminal Law Amendment Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4665 of 2026
Arising Out of PS. Case No.-6 Year-2013 Thana- PAKRIDAYAL District- East Champaran
======================================================
Nathuni Sah Son of Ramadhar Sah Resident of Village- Sisahani, P.S.-
Pakarideyal, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with Pakarideyal P.S. Case No. 6/2013 registered for
the offence punishable under sections 3/4 Explosive Substance
Act and Section 17 of Criminal Law Amendment Act.
3. As per allegation in the FIR, on the date of
Republic day of the year 2013, informant received an
information about plantation of an explosive substance on the
road towards Shekpurwa. On examination by D.S.M.D.
Machine, a pressure cooker containing explosive substance was
found kept under the road. Thereafter, Bomb Disposal Squad
reached there and confirmed it.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.4665 of 2026(2) dt.28-01-2026
2/2
that petitioner has been falsely implicated in this case on the
basis of suspicion. Save and except confessional statement of
co-accused Haridas, nothing has come against the petitioner to
show his involvement in the present case. Petitioner is not
named in the FIR. After investigation, police has submitted
chargesheet against the petitioner. Petitioner is languishing in
judicial custody since 15.09.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail after framing of
charge, if not framed, on furnishing bail bond of Rs. 10,000/-
(Rs. ten thousand only) with two sureties of the like amount
each to the satisfaction of the learned CJM, Motihari, East
Champaran in connection with Pakarideyal P.S. Case No. 6 of
2013 with a condition that one of the bailors must be a family
member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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