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Patna High Court

Mantu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that anticipatory bail is warranted and granted it subject to bond and surety conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.

Summary

Petitioner Mantu Kumar sought anticipatory bail after learning that he may be arrested in connection with a theft case (PS Case No. 439 of 2025) involving his wife, Mamta Devi, who allegedly stole gold and silver ornaments. The prosecution alleged that Mamta entered the informant's house, stole jewellery, and that the petitioner helped her sell the stolen items, based on her confessional statement. The petitioner contended he is innocent, has no criminal record, and that the allegations against him are solely due to his marital relationship with the accused. The State opposed the bail, arguing the petitioner’s alleged involvement. The court, after considering the facts and submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bhartiya Nyaya Sanhita in view of the alleged involvement in theft and related offences.
  • Whether the evidence presented justifies the denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • theft
  • jewellery theft
  • husband-wife liability
  • Section 306
  • Section 317(2)
  • Section 482(2)
  • Bhartiya Nyaya Sanhita
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14519 of 2026
                       Arising Out of PS. Case No.-439 Year-2025 Thana- DANAPUR District- Patna
                 ======================================================
                 Mantu Kumar, S/o- Binod Kumar, Resident of village- Ahpura Janai Dih Ps-
                 Sandesh Dist- Bhojpur At present - Living Near Samudaik Bhawan House of
                 Owner Abhay Kumar Danapur Ps- Sandesh Dist- Patna
                                                                         ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sadanand Goswami, Advocate
                 For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   06-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection with

                   Danapur P.S. Case No. 439 of 2025 dated 02.05.2025 instituted for

                   the offence punishable under Sections 306, 317(2) of the Bhartiya

                   Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that Mamta Devi

                   was working as maid in the house of the informant. It is alleged

                   that the key of the house of the informant was missing and she

                   made enquiry to her maid but she did not not respond. It is further

                   alleged that earlier on 30.04.2025, in the absence of the informant,

                   the household articles were found scattered and through CCTV

                   footage, it was revealed that her maid Mamta Devi entered the

                   house and stolen gold and silver ornaments. The missing bunch of
Patna High Court CR. MISC. No.14519 of 2026(3) dt.06-05-2026
                                            2/3




          keys of the informant's house was recovered from the purse of her

          maid.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and she has been falsely implicated in this

          case. It is further submitted that the main accused is Mamta Devi.

          From perusal of the Case Diary, it appears that material has come

          against Mamta Devi, who is the wife of the petitioner. The

          petitioner has been made accused in this case only on the basis that

          he is husband of Mamta Devi. Learned counsel for the petitioner

          submits that co-accused, Mamta Devi, in her confessional

          statement has confessed that her husband helped her in selling the

          stolen jewellery. It is also submitted that several co-accused

          persons have confessed their guilt as purchasers of the said

          articles, but they did not disclose the name of the petitioner. Other

          co-accused person, namely, Abhishek Kumar and Shyam Kishore

          have also helped Mamta Devi to sell the stolen articles but they

          also did not disclose the name of the petitioner. Lastly, it has been

          submitted that petitioner is poor labourer, having no criminal

          antecedents.

                       5. On the other hand, learned A.P.P. for the State has

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Having considered the facts and circumstances of the

          case and submissions of learned counsel for the parties, in the
           Patna High Court CR. MISC. No.14519 of 2026(3) dt.06-05-2026
                                                       3/3




                     event of arrest / surrender of the petitioner within a period of six

                     weeks from today, in connection with Danapur P.S. Case No. 439

                     of 2025, he will be released on bail upon furnishing bail bonds of

                     Rs. 10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of learned A.C.J.M., 1st Danapur subject to

                     condition as laid down under Section 482(2) of the B.N.S.S.


                                                                  (Khatim Reza, J)

premchand/-

U      T


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