Patna High Court
Seikh Chand @ S. K ChandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, in view of the lack of specific allegations and the grant of bail to a similarly placed co‑accused, the petitioners are entitled to bail subject to conditions.
Summary
The petitioners—Seikh Chand, Mankud Ansari and Md. Hakim—were charged under sections 126(2), 109, 352, 351(2), 3(5) of the Bihar Negotiable Substances Act and sections 3 and 4 of the Explosive Substance Act for allegedly throwing bombs at a neighbour’s house, injuring the informant’s sister. The prosecution’s case was based on the informant’s testimony that the accused were seen on the terrace throwing bombs, while the defence argued that the allegations were vague, the accused were falsely implicated due to a neighbour dispute, and a similarly placed co‑accused had already been granted bail. The court considered the seriousness of the charges, the existence of a charge sheet, and the precedent of bail to a co‑accused. It found that the lack of specific incriminating material against the petitioners and the earlier bail order justified granting bail. Consequently, the court ordered the release of the petitioners on bail with a bond of Rs.10,000 each and specific conditions under Section 480(3) of the BNS Act.
Issues considered
- Whether the petitioners are entitled to bail despite charges under the Bihar Negotiable Substances Act and the Explosive Substance Act.
- Whether the allegations against the petitioners are sufficiently specific to warrant denial of bail.
- Whether the precedent of bail granted to a similarly placed co‑accused applies to the present petition.
Subjects
- bail
- explosive substances
- criminal procedure
- Bihar Negotiable Substances Act
- Explosive Substance Act
- precedent
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90249 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- BANDHUWA KURAWA District- Banka
======================================================
1. Seikh Chand @ S. K Chand S/O Late Seikh Rabul R/O Village- Kolhadih,
Police Station- Bandhuwa Kurawa, District- Banka.
2. Mankud Ansari @ Mankut Ansari S/O Lukman Ansari @ Md. Rukman
Ansari R/O Village- Saraiya, P.S- Bandhuwa Kurawa, Distt.- Banka.
3. Md. Hakim S/O Seikh Niyamat @ Seikh Jiyamat R/O Village- Kolhadih,
P.S- Bandhuwa Kurawa, Distt.- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Adv.
For the Opposite Party/s : Mrs.Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Bandhuwa Kurawa P.S. Case no.47 of 2025
registered under sections 126(2), 109, 352, 351(2) and 3(5) of the
BNS and Sections 3 and 4 of the Explosive Substance Act.
3. As per the prosecution case, the informant states that
he woke up late in the night on the sound of a bomb blast. When
he reached his terrace to inspect the situation, he saw the seven
named accused persons including the petitioners herein on the
terrace of the neighbouring house and they were abusing and
throwing bombs on the informant and his family. It is stated that
Patna High Court CR. MISC. No.90249 of 2025(3) dt.20-02-2026
2/3
a bomb stuck on the boundary as a result of which his younger
sister sustained injuries. Two live bombs were also found in
plastic bags kept near the boundary of the informant’s house.
4. Learned counsel appearing on behalf of the
petitioners submits that the petitioners are innocent and have
been falsely implicated in this case due to previous enmity.
Learned counsel for the petitioners submits that there is
allegation is general and omnibus in nature and there is no
specific allegation against the petitioners. Both the parties are
neighbours and the injuries sustained by the sister of the
informant are simple in nature. Learned counsel further submits
that similarly placed coaccused person has been granted bail by a
Coordinate Bench of this Court vide order dated 11.02.2026
passed in Cr. Misc. No. 77069 of 2025. Petitioner No. 1 is having
antecedent of two cases and petitioner no. 2 is also having
antecedent of one case and petitioner no. 3 is having clean
antecedent. Petitioner No. 1 and 3 are in custody since
23.09.2025 and petitioner no. 2 is in custody since 14.09.2025.
Charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the
submission made on behalf of the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
Patna High Court CR. MISC. No.90249 of 2025(3) dt.20-02-2026
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grant of bail to a similarly placed coaccused person, the
petitioners are directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned
CJM, Banka/concerned court, in connection with Bandhuwa
Kurawa P.S. Case No. 47 of 2025, subject to the condition laid
down under Section 480(3) of the BNSS and other following
conditions:
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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