Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 306, 317(2), 482(2)
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/-
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