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Patna High CourtCR. MISC./45661/2025allowed

Manoj Agrawal @ Manoj Kumar Agrawal v. The State Of Bihar

2025-08-04Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45661 of 2025 Arising Out of PS. Case No.-658 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Manoj Agrawal @ Manoj Kumar Agrawal S/o Late Rameshwar Agrawal @ Rameshwar Lal Agrawal Resident of Sadar Road Ward no. 05, P.SForbesganj, District-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Prabhat For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-08-2025 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 Forbesganj P.S. Case no. 658 of 2024 instituted for the offence under Sections 287 and 288 of the BNS, 2023 and Sections 9B and 5 of the explosive Act, 1884.

3. The case of the prosecution is that the crackers were recovered from the house of one Himanshu Kumar and police received further information that the petitioner has also kept crackers without license and from his house also crackers were recovered.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.45661 of 2025(2) dt.04-08-2025 2/3 that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that from perusal of the FIR, it will transpire that as per the case of the prosecution, the seizure was made on 20.10.2024 at 8:00 P.M. whereas the seizure list goes to show that the seizure was made on 23.10.2024 at 18:05 hours. It is also submitted by the learned counsel for the petitioner that on the end of the FIR, it is ascribed that all these seizures were made in view of the order of the SDO dated 23.10.2024. Further submission is that the seizure list does not bear the signature of the petitioner.

5. Learned APP appearing for the State vehemently opposed the prayer of bail of the petitioner.

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 Forbesganj P.S. Case no. 658 of 2024, 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 Chief Judicial Magistrate, Araria, subject to the conditions as laid down under section 438(2) of

Patna High Court CR. MISC. No.45661 of 2025(2) dt.04-08-2025 3/3 the Cr.P.C/ Section 482 (2) of the BNSS.

(Ashok Kumar Pandey, J) Jagdish/- U T