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Patna High Court

Seikh Chand @ S. K ChandversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                         3/3




                       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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