Patna High Court
Mantun Bhagat @ Manatun BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
Mantun Bhagat sought anticipatory bail after an FIR alleged his involvement in a cheating case under Sections 406 and 420 IPC for a Rs.58.25 lakh land transaction. He contended that he was merely a witness and identifier of the sale deed, not a purchaser, seller, or beneficiary, and that no money had been transferred to his account. The State opposed the bail, arguing the seriousness of the offences. The Court considered the petitioner’s clean antecedent, his limited role, and the precedent of anticipatory bail granted to a co‑accused. It ordered that the petitioner be released on anticipatory bail, subject to a Rs.10,000 bail bond, two sureties of equal amount, and compliance with conditions under Section 438(2) CrPC and Section 482(2) of the B.N.S.S., provided he surrenders within eight weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC despite allegations under Sections 406 and 420 IPC
- Whether the petitioner’s claim of being only a witness precludes the grant of bail
- Whether the Court can impose conditions such as bail bond, sureties, and time‑bound surrender
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 406, 420
Subjects
- anticipatory bail
- cheating
- IPC Sections 406
- IPC Section 420
- CrPC Section 438
- B.N.S.S Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3774 of 2026
Arising Out of PS. Case No.-274 Year-2024 Thana- NAGAR District- Vaishali
======================================================
Mantun Bhagat @ Manatun Bhagat Son of Late Jagdish Bhagat Resident of
village- House No. 44, Ward no. 28 Badi yusufpur Ps- hajipur (Town), Dist-
vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Singh
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 406, 420 of the Indian
Penal Code.
3. According to F.I.R., this petitioner along with other
co-accused persons are alleged to have cheated Rs. 58,25,000/-
of the informant for purchasing a piece of land.
4. Learned counsel for the petitioner submits that as
per F.I.R., this petitioner is witness and identifier of the alleged
sale-deed. No money has been transferred in the account of this
petitioner. He is not the beneficiary of the alleged transaction.
Petitioner is neither purchaser nor seller of the land in question.
Co-accused Rajesh Kumar has been granted anticipatory bail by
this Court, vide order dated 19.12.2025 passed in Cr.Misc. No.
Patna High Court CR. MISC. No.3774 of 2026(2) dt.11-02-2026
2/2
70052 of 2025. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts and circumstances,
in the event of arrest/surrender before the Court below 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 Chief Judicial Magistrate, Vaishali at
Hajipur in connection with Hajipur Town P. S. Case No. 274 of
2024, subject to condition as laid down under Section 438(2) of
the Cr.P.C. / Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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