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Patna High Court

Abhimandal @ Abhi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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