Patna High Court
Aamir Akhtar @ Md. Aamir Akhtar @ Amir AkhtarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, finding no substantial risk of evidence tampering or flight and noting his clean antecedent.
Summary
The petitioner, Aamir Akhtar, was arrested after a police raid on his father’s house uncovered a large quantity of illegal firecrackers allegedly stored without a licence. He was charged under Sections 3, 4 and 5 of the Explosive Substances Act and Section 288 of the Bihar Narcotic Substances Act. The petitioner pleaded innocence, asserting that the shop was licensed, no specialised manufacturing equipment was recovered, and he had no prior criminal record. The State opposed bail, arguing that the recovered crackers linked the petitioner to the offence. The court, considering the petitioner’s clean antecedent, short period of custody, and lack of evidence suggesting he would tamper with evidence, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding attendance and non‑tampering.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under the Explosive Substances Act and the Bihar Narcotic Substances Act.
- Whether the petitioner poses a risk of tampering with evidence or absconding.
Legislation cited
- Bihar Narcotic Substances Act — s. 288
- Explosive Substances Act — s. 3, 4, 5
Subjects
- bail
- explosive substances
- illegal firecrackers
- criminal procedure
- clean antecedent
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90475 of 2025
Arising Out of PS. Case No.-691 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Aamir Akhtar @ Md. Aamir Akhtar @ Amir Akhtar S/O Shamshad Ali @
Shamsad Ali Resident of village - Olhanpur, Police Station - Marhaura,
District - Saran, Bihar
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Thakur Brajesh Singh, Advocate
Ms. Tooba Hera Pratyush, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in connection with
Marhaura P.S. Case No. 691 of 2025 registered for the offences
punishable under Sections 3, 4 and 5 of the Explosive Substance
Act and under Section 288 of the BNS.
3. As per the prosecution case, the informant, along
with police officials, conducted raid at various places in the
village Olhanpur and at about 12:30 p.m. on 14.10.2025 reached
the house of co-accused Shamshad Ali. It is alleged that a large
quantity of illegal firecrackers was stored there without any
valid licence. For verification of the said information, the police
entered the house of Shamshad Ali, whereupon one person was
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found attempting to flee but was apprehended and identified as
the petitioner, who is the son of co-accused Shamshad Ali. It is
further alleged that the petitioner and his father were involved in
the purchase and sale of illegal firecrackers from their house and
were also engaged in the manufacturing of firecrackers and
materials used for manufacturing firecrackers were also
recovered.
4. Learned counsel for the petitioner submits that
the petitioner is quite innocent and has committed no offence as
alleged in the F.I.R. It is contended that the petitioner has no
connection with the alleged place of occurrence or the recovery,
and that the said shop belongs to the father of the petitioner,
namely Shamshad Ali. It is further submitted that the shop is
duly licensed, and a copy of the license has been annexed as
Annexure P/2. Learned counsel further submits that the F.I.R. does not
disclose recovery of any specialised manufacturing machinery, mixing units,
whipping or moulding equipment. The materials allegedly recovered from the
place of occurrence are stated to be commercial products. Apart from the above,
the petitioner has no criminal antecedents and has been in custody since
15.10.2025. It is also submitted that the petitioner is a bright student, which is
evident from the marks sheet (Annexure -5). Learned counsel orally submits that
the charge-sheet has already been submitted, there is no likelihood of the
petitioner tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the
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prayer for bail of the petitioner and submits that though
petitioner is one of the accused and from the shop of the co-
accused the crackers and other connected materials were
recovered. Hence, petitioner does not deserve bail..
6. Considering the facts and circumstances of the
case, period of custody, keeping in view clean antecedent of
petitioner, argument advanced on behalf of both sides and also
taking into consideration the material available on record, let the
petitioner above named be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Saran, Chhapra in connection with
Marhaura P.S. Case No. 691 of 2025, subject to following
conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on each and every date and absence on any date
without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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