Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to a Rs. 10,000 bond, two sureties, and specific conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Manoj Kumar, filed an anticipatory bail application fearing arrest in a 2014 case (Chakia P.S. Case No. 151) involving alleged train derailment and multiple serious offences under the IPC, Explosive Substances Act, Prevention of Damage to Public Property Act, UAPA, Criminal Law Amendment Act and the Railway Act. The prosecution alleged that the petitioner, along with 51 others, acted under the direction of a CPI (Maoist) zonal head to place explosives that caused the derailment. The petitioner contended he was falsely implicated, had no criminal antecedent, and cited a similar bail order granted in Cr. Misc. No. 13383 of 2019. The State opposed bail, emphasizing the twelve‑year lapse since the FIR. After hearing both sides, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC, including cancellation of bail if a criminal antecedent is discovered and mandatory presence at trial.
Issues considered
- Whether anticipatory bail should be granted in a case involving serious offences such as waging war against the state, terrorism, and use of explosives.
- Whether the twelve‑year delay in filing the bail application warrants denial of bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the conditions imposed under Section 482(2) of the CrPC are sufficient to safeguard the trial process.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Criminal Law Amendment Act — s. 17
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 120(b), 121, 121A, 124A, 307, 427
- Prevention of Damage to Public Property Act — s. 3, 4
- Railway Act — s. 150, 151, 152
- Unlawful Activities (Prevention) Act — s. 16, 17
Subjects
- anticipatory bail
- terrorism
- train derailment
- explosives
- IPC
- UAPA
- CrPC
- bail conditions
- serious offences
Judgment
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
2 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
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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
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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
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