Patna High Court
Aurangjeb @ Tirangi @ FirangiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Aurangjeb, was named in a case (No. 691 of 2025) for alleged offences under Sections 3, 4, 5 of the Explosive Substances Act and Section 288 of the Bharatiya Nyaya Sanhita after a raid recovered gun‑powder and other blast material from his residence. The petitioner contended that the material was actually recovered from the house of another individual, Irshad, and that he had done nothing unlawful, merely operating a fire‑cracker business and having applied for a licence. The State opposed his anticipatory bail, highlighting the large quantity of material seized and a prior similar criminal antecedent. The court examined the factual matrix, the relevance of the antecedent, and the seriousness of the alleged offences. Considering the substantial recovery and the prior record, the court refused the petitioner's anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the material recovered can be legally attributed to the petitioner
- Whether the petitioner’s prior criminal antecedent warrants denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 288
- Explosive Substances Act — s. 3, 4, 5
Subjects
- anticipatory bail
- explosive substances
- firecracker licence
- criminal antecedent
- bail refusal
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5642 of 2026
Arising Out of PS. Case No.-691 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Aurangjeb @ Tirangi @ Firangi S/O Saheeb Jan Resident of Vill.- Olhanpur,
P.S.- Madhaura, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Hriday Prasad, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 07-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Madhaura P. S. Case
No. 691 of 2025 registered for the offences punishable under
Sections 3, 4, 5 of the Explosive Substances Act and Section
288 of the Bharatiya Nyaya Sanhita.
3. On secret information, a raid was conducted and
raw material, gun powder, blast materials, etc. were recovered
from the house of this petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As a matter
of fact, no incriminating material has been recovered from
possession of the petitioner and the alleged recovery was made
from the house of Irshad but petitioner and his brother have
been made accused in this case on the instigation of local
Patna High Court CR. MISC. No.5642 of 2026(5) dt.07-05-2026
2/2
Chowkidar. Petitioner is involved in the business of firecrackers
and on 7.10.2025, he had filed an application before the District
Magistrate, Saran, Chapra and deposited the requisite fee by
Challan and requested him to issue license for the same.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner has got one
criminal antecedent of similar nature.
6. Considering huge quantity of recovery from the
house of this and criminal antecedent, prayer for anticipatory
bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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