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Patna High Court

Chhotelal DubeyversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court held that anticipatory bail could not be granted to the petitioner.

Summary

The petitioner, Chhotelal Dubey, sought anticipatory bail after an FIR under Sections 3 and 4 of the Explosive Substances Act alleged a bomb explosion at his residence. He claimed he was not present at the time and that the house, usually locked, could have been accessed by a third party. The State opposed the bail, pointing to the bomb disposal squad’s recovery of a large quantity of explosive material from the petitioner’s house and noting six prior criminal antecedents. The court considered the material recovery, the inference of criminal intent, and the petitioner’s antecedents. Concluding that the circumstances did not merit bail, the court rejected the anticipatory bail application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the recovery of explosive material from his house.
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Explosive Substances Act
  • bomb explosion
  • criminal antecedents
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69660 of 2025
                  Arising Out of PS. Case No.-107 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Chhotelal Dubey S/o- Kapildeo Dubey R/o- Jatwaliya Ps- Kundwa Chainpur
                 Dist- East Champaran
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Prateek Tandon
                 For the Opposite Party/s :     Mr.Anil Kumar
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered under Section 3/4 of the Explosive Substance Act.

                                3. Allegation in the first information report relates to

                   bomb explosion in the house of the petitioner whereafter police

                   personnel reached at his house and found stuff scattered and

                   also found smell of gun gunpowder coming from inside.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was not present at the house at the relevant time and

                   his involvement is not there in the present occurrence. It has

                   also been submitted that the house normally used to remain

                   locked and there is all possibility of someone else planting the

                   explosives.
             Patna High Court CR. MISC. No.69660 of 2025(3) dt.21-01-2026
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                                    5. The application for anticipatory bail is opposed by

                       learned A.P.P. for the State on the ground that the FIR itself

                       indicates that the incident was investigated by the bomb

                       disposal squad and the FSL team and it was found that the

                       explosive material/ bomb was kept near the box in the house of

                       Chhotelal Dubey which broke and exploded. It also appears

                       from the perusal of the case diary that a large quantity of

                       explosive material i.e bomb was kept in the said house of the

                       petitioner which leads to an inference that the same was kept

                       with some criminal intent.

                                    6.    Taking      into     consideration   the   facts   and

                       circumstances and also considering the fact that there is a

                       recovery of explosive material from the house of the petitioner

                       in the presence of bomb squad and also considering the fact that

                       the petitioner has as many as six criminal antecedents, I am not

                       inclined to enlarge the petitioner on bail.

                                    7. Accordingly, the prayer for anticipatory bail of the

                       petitioner is rejected in connection the Kundwa Chainpur P.S.

                       Case No. 107 of 2025.



                                                 (Soni Shrivastava, J)
devendra/-

U      T
Patna High Court CR. MISC. No.69660 of 2025(3) dt.21-01-2026
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