Patna High Court
Abdul RashidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Abdul Rashid was arrested after a police search of a bus allegedly uncovered 22.5 kg of explosive material, leading to charges under Sections 3 and 4 of the Explosive Substance Act. The petitioner contended that he was falsely implicated, is an elderly individual engaged in fire‑cracker manufacturing with a licence previously in his father's name, and has a clean criminal record. The State opposed his bail, arguing the seriousness of the alleged offence. The High Court, after considering the circumstances, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions such as personal appearance at each trial date and verification of antecedents. The order also stipulated cancellation of bail for non‑compliance, and the court clarified that any observations made would not affect the trial.
Issues considered
- Whether bail should be granted to a person accused under Sections 3/4 of the Explosive Substance Act for alleged possession of a large quantity of explosive material
- Whether the petitioner’s claim of false implication and clean antecedent warrants bail despite the seriousness of the offence
Subjects
- bail
- explosive substances
- false implication
- criminal antecedent
- firecracker manufacturing
- Explosive Substance Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85232 of 2025
Arising Out of PS. Case No.-85 Year-2025 Thana- Vasudeva District- Buxar
======================================================
Abdul Rashid Son of Late Nizamuddin Rangrez Resident of Village- Nawa
Nagar, P.S.- Nawa Nagar, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
Basudeva P.S. Case No. 85 of 2025 dated 13.10.2025 registered
for the offence punishable under Section 3/4 of the Explosive
Substance Act.
3. As per the F.I.R., the informant has stated that
during patrolling and search of one bus, the petitioner was
apprehended with 22.500 Kg. explosive like material and he was
arrested.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case. It has
further submitted that the petitioner is an old person and he is
involved in manufacturing fire crackers and initially the license
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was also issued in the name of his father however it was not
renewed thereafter. It has further been submitted that the
allegation leveled in the F.I.R. is not made out against the
petitioner and there has not been any intention of overt act as
alleged against the petitioner. It is lastly submitted that the
petitioner has clean antecedent and he is in custody since
14.10.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate, Buxar in
connection with Basudeva P.S. Case No. 85 of 2025, subject to
the following terms and conditions :-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
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violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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