Patna High Court
Abhishekh Tatma @ Abhishekh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Abhishekh Tatma, sought anticipatory bail fearing arrest in a case registered under Sections 96 and 3(5) of the B.N.S. The prosecution alleged that the petitioner was involved in the kidnapping of a 17‑year‑old girl, based on an informant’s statement. The girl, however, gave a statement under Section 183 of the B.N.S.S. denying any kidnapping and saying she left home of her own volition. The petitioner’s counsel argued his innocence, clean antecedents and that he was falsely implicated. The State opposed the bail. Considering the victim’s statement, the petitioner’s clean record and the circumstances, the court allowed the anticipatory bail, directing a bail‑bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 96 and 3(5) of the B.N.S.
- Whether the victim’s statement under Section 183 of the B.N.S.S. negates the prosecution’s case
- Whether the petitioner’s clean antecedents justify the grant of anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- false implication
- clean antecedents
- Section 183
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.228 of 2026
Arising Out of PS. Case No.-417 Year-2025 Thana- ARARIA District- Araria
======================================================
Abhishekh Tatma @ Abhishekh Kumar Son of Late Sanjay Tatma R/o
Village-Gariya Ward No 01 P.S-Araria, District-Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Madhav Jha, Advocate
For the State : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 96 and 3(5)
of the B.N.S..
3. As per prosecution case, informant, namely
Shankar Mandal, alleged that his daughter, aged about 17 years,
was kidnapped by all the F.I.R. named accused persons,
including this petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case with ulterior motive. The victim in her statement
Patna High Court CR. MISC. No.228 of 2026(3) dt.13-03-2026
2/2
recorded under Section 183 of the B.N.S.S. has denied the
prosecution case and has categorically stated that no one has
kidnapped her and she, out of her own sweet will, left her
parental house. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, statement of the victim recorded under Section 183 of the
B.N.S.S. and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Araria in connection
with Araria P.S. Case No. 417 of 2025, subject to condition as
laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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