Patna High Court
Abhimandal @ Abhi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Abhimandal @ Abhi Kumar was named in an FIR (Madhepura PS Case No. 884 of 2025) alleging kidnapping of an informant’s daughter and related offences under several sections of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He applied for anticipatory bail, asserting that he is innocent, that the allegation stems only from his relationship to the victim’s husband, and that the victim’s recorded statement under Section 183 of the BNS makes no accusation against him. The State opposed the bail, but the Court examined the statement and found no mention of the petitioner. Relying on the absence of any allegation and the principles of anticipatory bail, the Court ordered that the petitioner be released on anticipatory bail, subject to a bail bond of Rs 30,000 and conditions under Sections 2(1)(d) and 482(2) of the BNS, 2023, for a period of four weeks. The order effectively safeguards the petitioner’s liberty pending any arrest or surrender before the trial court.
Issues considered
- Whether anticipatory bail should be granted when the victim’s statement under Section 183 of the Bhartiya Nyaya Sanhita does not implicate the petitioner.
- Whether the petitioner can be released despite the FIR charging him under multiple sections of the BNS, 2023 and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 137(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2), 76, 87
Subjects
- anticipatory bail
- kidnapping
- Bhartiya Nyaya Sanhita
- Arms Act
- criminal procedure
- statement under Section 183
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22744 of 2026
Arising Out of PS. Case No.-884 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Abhimandal @ Abhi Kumar S/O Vijay Mandal R/O Vill- Basudeva, Ward no.
10, P.O.- Basudeva, P.S- Ghailadh, Dist- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Vishoka Nand, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Madhepura (Ghailadh) P.S. Case No. 884 of 2025, dated
29.08.2025, lodged under Sections 126(2), 115(2), 137(2), 87,
76, 303(2), 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita,
2023 (hereinafter referred to as “BNS, 2023”) and under Section
27 of the Arms Act.
3. As per the prosecution, an FIR has been lodged
against six named accused persons, including the present
petitioner, alleging that the accused persons have kidnapped the
informant’s daughter and threats have been made that if a case is
filed, they will kill her.
Patna High Court CR. MISC. No.22744 of 2026(2) dt.16-04-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner has been made an accused for
the reason that he is the elder brother of the person with whom
the informant’s daughter solemnized marriage. Counsel further
submits that the petitioner’s brother, who is the husband of the
informant’s daughter, has been granted regular bail by this Court
vide order dated 26.02.2026 passed in Cr. Misc. No. 271 of
2026. Counsel further submits that in the said case, at the time
of granting regular bail, the factual matrix relating to Cr. WJC
No. 2542 of 2025 was also discussed. Counsel further submits
that they are happily living their lives after solemnization of the
marriage. Counsel also submits that the victim has recorded her
statement under Section 183 of the BNSS, which is annexed as
Annexure-P/5.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that the petitioner’s name
has not been mentioned in the statement recorded under Section
183 of the BNSS.
6. Upon perusal of the said statement, it transpires to
this Court that the informant’s daughter has not made any
allegation against the present petitioner.
Patna High Court CR. MISC. No.22744 of 2026(2) dt.16-04-2026
3/3
7. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of C.J.M., Madhepura, in connection with
Madhepura (Ghailadh) P.S. Case No. 884 of 2025, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
Checking your session…