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Patna High CourtCR. MISC./7339/2026allowed

Manoj Kumar v. The State Of Bihar

2026-02-09Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7339 of 2026 Arising Out of PS. Case No.-151 Year-2014 Thana- CHAKIA District- East Champaran ====================================================== Manoj Kumar Son of Raja Sah Resident of village - Siswa Ajgari, P.S.- Banjariya, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chakia P.S. Case No. 151 of 2014 instituted for the offence under Sections 121, 121(A), 124(a), 427,120(b) and 307 of Indian Penal Code, Sections 3 and 4 of the Explosive Substance Act, sections 3 and 4 of Prevention of Damage of Public Property Act, Sections 16 and 17 of Unlawful Activities Prevention Act, section 17 of the Criminal Law Amendment Act and Section 150, 151 and 152 of Railway Act.

3. The case of the prosecution is that the I.O. has received information that goods train has been derailed near

Patna High Court CR. MISC. No.7339 of 2026(2) dt.09-02-2026 2/3 Harpur Halt between Chakia and Mehsi Railway Station, upon which, the informant along with police party went there and came to know that CPI(Maoist) had given a call of bund and they kept explosive and on account of that goods train was derailed. The petitioner along with 51 accused persons are named in the FIR with allegation that under the leadership of zonal head of CPI Maoist of North Bihar and West Bengal, petitioner along with others have committed this incident.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has submitted that from perusal of the FIR, it is clear that the nature of allegation is general and omnibus and in the FIR itself, address and parentage are given but the police has not searched the petitioner. He came to know about the case recently. He has further submitted that similarly situated person has already been granted bail by learned co-ordinate Bench of this court vide Cr. Misc. No. 13383 of 2019. Petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and has stated that this is a case of year 2014 and the petitioner is appearing after

Patna High Court CR. MISC. No.7339 of 2026(2) dt.09-02-2026 3/3 twelve years.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chakia P.S. Case No. 151 of 2014, he will be enlarged 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 Judicial Magistrate 1st Class, Motihari, East Champaran subject to the conditions as laid down under section 482(2) of B.N.S.S. with the following conditions:- (i) If the learned trial court finds any criminal antecedent of the petitioner at the time of filing bail bonds, his bail bonds shall be cancelled without further reference to the Bench.

(ii) The petitioner shall also cooperate in the trial and shall also remain physically present on each and every date fixed by the trial court till the conclusion of the trial. (Ashok Kumar Pandey, J) Shubham/- U T