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Patna High Court

Abdul RashidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.85232 of 2025(2) dt.05-01-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.85232 of 2025(2) dt.05-01-2026
                                                       3/3




                     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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