Created by Fuzzy Cloud

Patna High Court

Shamshad Ali @ Shamsad AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions stipulated under Section 438(2) of the Criminal Procedure Code.

Summary

Shamshad Ali sought anticipatory bail after being implicated in a FIR (Marhaura P.S. Case No. 691 of 2025) for alleged offences under Sections 3, 4 and 6 of the Explosive Substances Act, 1908 and Section 288 of the Bihar Narcotic Substances Act. The prosecution alleged that he was in possession of a large quantity of illegal firecrackers seized from his house, linking him to illegal manufacturing similar to co‑accused Aurangzeb. The petitioner contended that he had obtained permission from the District Magistrate, purchased the firecrackers legally, produced receipts, and had no prior criminal record. The State opposed the bail, arguing that the petitioner was engaged in illegal business. The High Court, after considering the documents and the petitioner’s clean antecedent, granted anticipatory bail under Section 438(2) of the Cr.P.C. with specific conditions regarding sureties, appearance before the trial court, monthly police attendance, non‑tampering with witnesses, and abstaining from further offences.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. despite the FIR under the Explosive Substances Act and BNS Act.
  • Whether possession of firecrackers with alleged permission distinguishes the petitioner from illegal manufacturing.
  • Whether the conditions imposed are appropriate and lawful.

Legislation cited

Subjects

  • anticipatory bail
  • Explosive Substances Act
  • illegal firecrackers
  • Section 438 CrPC
  • bail conditions
  • criminal antecedent
  • district magistrate permission

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.626 of 2026
                     Arising Out of PS. Case No.-691 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Shamshad Ali @ Shamsad Ali S/O Late Akhtar Ali @ Late Mohammad
                 Akhtar Resident of village - Olhanpur, Police Station - Marhaura, District -
                 Saran, Bihar

                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Thakur Brajesh Singh, Adv.
                                                 Ms. Tooba Hera, Adv.
                 For the Opposite Party/s :      Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-02-2026                      Heard learned Counsel for the petitioner and Mr.

                   Ajay Kumar Jha, learned APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Marhaura P.S. Case No. 691 of 2025 for the offence

                   registered under sections 3, 4 and 6 of Explosive Substance Act,

                   1908 and Section 288 of the BNS lodged on 14.10.2025 by the

                   informant, Ajay Kumar.

                                 3. As per the prosecution story, the Police got

                   information          that   Aurangzeb       and     Irfan      are     illegally

                   manufacturing firecrackers without any license which led to an

                   explosion and causing injuries. Later, Aurangzeb took the family

                   members to an undisclosed location. The Police thereafter

                   considering the election time, deployed and it came to notice
Patna High Court CR. MISC. No.626 of 2026(2) dt.04-02-2026
                                            2/4




          that another person (petitioner herein) is having illegal

          firecrackers in his house. Subsequently, the place was raided and

          large quantity of illegal firecrackers recovered/seized from this

          petitioner’s house. In that background, he finds himself

          impleaded in the FIR.

                       4. Learned Counsel for the petitioner with the help of

          Annexure-2 shows that during the Diwali time, he used to take

          permission from the District Magistrate, Siwan and also

          purchased firecrackers and the receipts are part of the present

          petition. The submission is that he cannot be equated with

          Aurangzeb who was illegally manufacturing firecrackers as it

          was fully company made firecrackers with proper receipt. The

          last submission is that he do not have criminal antecedent.

                       5. Learned APP for the State, on the other hand,

          opposes the prayer for anticipatory bail submitting that like

          Aurangzeb, he was also carrying illegal business.

                       6. Considering the submissions of the parties as also

          the fact that the documents (Annexure-2) has been provided to

          show the bonafine, he do not have criminal antecedent, FIR is

          there, an undertaking has been given that he shall be diligently

          appearing in trial, in that background, this Court is inclined to

          grant him the anticipatory bail with conditions.
Patna High Court CR. MISC. No.626 of 2026(2) dt.04-02-2026
                                            3/4




                       7. Let the petitioner in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the

          order, shall be released on anticipatory bail on furnishing bail of

          Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned Chief Judicial

          Magistrate, Saran, Chhapra in connection with Marhaura P.S.

          Case No. 691 of 2025 subject to condition as laid down under

          Section 438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioner, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID)

          to show his bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his bail

          bond by the Trial court itself;

                       (iii) the petitioner shall appear before the concerned

          police station every month for next six months to mark

          attendance and at the end of the period, the certificate be

          submitted to the Court;

                       (iv) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,
           Patna High Court CR. MISC. No.626 of 2026(2) dt.04-02-2026
                                                       4/4




                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (v) the petitioner shall desist from committing any

                     criminal offence again failing which the State shall be at liberty

                     to take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.