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Patna High Court

Firangi Mandal @ FirangiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The anticipatory bail application was allowed, granting bail subject to conditions.

Summary

The petitioner, Firangi Mandal, sought anticipatory bail fearing arrest in a case (Sariasarai P.S. Case No.126 of 2024) alleging abduction under Section 96 of the BNS. The prosecution alleged that the petitioner and others abducted the victim, while the petitioner contended he was falsely implicated because he is the father of the main accused, Gulshan Kumar, and asserted his innocence. The victim was recovered and had given a statement, supporting the petitioner's claim of lack of direct involvement. The court examined the petitioner's lack of a direct link to the alleged offence and the possibility of false implication. Finding no substantive connection, the court allowed the anticipatory bail application, directing release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the alleged false implication.
  • Whether the petitioner has any direct involvement in the offence alleged under Section 96 of the BNS.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • false implication
  • abduction
  • BNS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27782 of 2025
                       Arising Out of PS. Case No.-126 Year-2024 Thana- Safiyasarai District- Munger
                 ======================================================
                 Firangi Mandal @ Firangi S/O Banarshi Mandal Resident of Village-
                 Gobadda, Munger, P.S.- Shampur, Distt.- Munger.

                                                                                      ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Bihar
           2.    Rekha Devi W/O- Late Ragho Yadav @Ravindra Yadav R/O- Jagdambapur,
                 ferda, ps- Safiya sarai, dist- munger

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Gyan Prakash
                 For the Opposite Party/s :        Mr.Nand Kumar
                 For the Informant        :        Mr. Ratnakar Ambastha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   26-02-2026                     Heard the parties.

                                    2.        The petitioner apprehends his arrest in

                   connection with Sariasarai P.S. Case No. 126 of 2024 registered

                   for the offence under Section 96 of the BNS.

                                    3. As per the prosecution case, the petitioner and

                   others are said to have abducted the victim.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case only because of the fact that he is

                   the father of main accused Gulshan Kumar. He further submits

                   that the victim girl has been recovered also and she has given

                   her statement.
          Patna High Court CR. MISC. No.27782 of 2025(6) dt.26-02-2026
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                                      5. Considering the fact that the petitioner has no

                    direct link with alleged offence, this application is allowed.

                                      6. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released on bail on furnishing bail

                    bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of the learned Chief Judicial

                    Magistrate, Munger/concerned Court below in connection with

                    Safiasarai P.S. Case No. 126 of 2024, subject to the conditions

                    laid down in Section 438(2) of the Code of Criminal Procedure,

                    1973 / Section 482 of the BNSS.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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