Akhtar @ Md. Aktar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25514 of 2025 Arising Out of PS. Case No.-340 Year-2024 Thana- BHARGAMA District- Araria ====================================================== Akhtar @ Md. Aktar, aged 40 yrs (M), son of Late Nuro, Resident of VillageBhargama (Muslim Tola), Ward No. 08, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-08-2025 Heard Mr. Ramesh Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Md. Mushtaque Alam, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bhargama P.S. Case No. 340 of 2024, registered for the offence punishable under Sections 3, 4 and 5 of the Explosive Substance Act.

3. As per the allegation made in the FIR, upon receiving secret information, a raid was conducted and incriminating articles were recovered including huge quantity of explosive substance.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Petitioner is not involved in

Patna High Court CR. MISC. No.25514 of 2025(4) dt.14-08-2025 2/3 manufacturing of illegal bomb. Petitioner has been implicated in a false case by the police due to enmity. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having perused the allegation made in the FIR, as well as, the case diary, I find that the prescribed procedure under Section 105 read with Section 185 of the BNSS for affecting search and seizure, has not been followed. The Superintendent of Police, Araria, is directed to call for report from the S.H.O., Bhargama, District- Araria and verify whether he has been trained to conduct search and seizure.

7. In want of seizure list, the entire prosecution fails. The petitioner, above named, is directed to be released on prearrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1 class, Araria/ court concerned, in connection with Bhargama P.S. Case No. 340 of 2024, subject to the condition as laid down under Section 482(2)

Patna High Court CR. MISC. No.25514 of 2025(4) dt.14-08-2025 3/3 of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T