IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.626 of 2026 Arising Out of PS. Case No.-691 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Shamshad Ali @ Shamsad Ali S/O Late Akhtar Ali @ Late Mohammad Akhtar 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, Adv. Ms. Tooba Hera, Adv. For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 04-02-2026 Heard learned Counsel for the petitioner and Mr. Ajay Kumar Jha, learned APP for the State. 2. The petitioner apprehends his arrest in connection with Marhaura P.S. Case No. 691 of 2025 for the offence registered under sections 3, 4 and 6 of Explosive Substance Act, 1908 and Section 288 of the BNS lodged on 14.10.2025 by the informant, Ajay Kumar. 3. As per the prosecution story, the Police got information that Aurangzeb and Irfan are illegally manufacturing firecrackers without any license which led to an explosion and causing injuries. Later, Aurangzeb took the family members to an undisclosed location. The Police thereafter considering the election time, deployed and it came to notice Patna High Court CR. MISC. No.626 of 2026(2) dt.04-02-2026 2/4 that another person (petitioner herein) is having illegal firecrackers in his house. Subsequently, the place was raided and large quantity of illegal firecrackers recovered/seized from this petitioner’s house. In that background, he finds himself impleaded in the FIR. 4. Learned Counsel for the petitioner with the help of Annexure-2 shows that during the Diwali time, he used to take permission from the District Magistrate, Siwan and also purchased firecrackers and the receipts are part of the present petition. The submission is that he cannot be equated with Aurangzeb who was illegally manufacturing firecrackers as it was fully company made firecrackers with proper receipt. The last submission is that he do not have criminal antecedent. 5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that like Aurangzeb, he was also carrying illegal business. 6. Considering the submissions of the parties as also the fact that the documents (Annexure-2) has been provided to show the bonafine, he do not have criminal antecedent, FIR is there, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to grant him the anticipatory bail with conditions. Patna High Court CR. MISC. No.626 of 2026(2) dt.04-02-2026 3/4 7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran, Chhapra in connection with Marhaura P.S. Case No. 691 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide; (ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself; (iii) the petitioner shall appear before the concerned police station every month for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, Patna High Court CR. MISC. No.626 of 2026(2) dt.04-02-2026 4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. Vijay Singh/- (Rajiv Roy, J) U T