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Patna High Court

Ram Pukar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the allegations amounted only to a last‑seen case and, in the absence of substantive material linking the accused to the alleged kidnapping, anticipatory bail must be granted.

Summary

The petitioners, four residents of Madhubani district, applied for anticipatory bail in connection with FIR No.173 of 2025 alleging offences under sections 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The informant claimed the petitioners kidnapped her husband after he accompanied them to a relative’s house for a compromise discussion, and the husband subsequently disappeared. The petitioners contended they were falsely implicated due to prior enmity and that the case was merely a "last seen" matter with no investigative material linking them to the alleged crime. The State opposed bail, relying on the FIR’s direct allegations. After hearing both sides, the Court noted the lack of substantive evidence and the nature of the allegation as a last‑seen case, and ordered that the petitioners be released on anticipatory bail upon furnishing a bond of Rs.10,000 with two sureties each. The order is subject to surrender before the Judicial Magistrate within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the accused under sections 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the kidnapping allegation.
  • Whether the FIR and the material gathered in investigation constitute sufficient grounds to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • kidnapping
  • FIR
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • last seen case
  • enquiry

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3895 of 2026
                    Arising Out of PS. Case No.-173 Year-2025 Thana- BASOPATTI District- Madhubani
                 ======================================================
           1.     Ram Pukar Mandal Son of Late Sukhdeo Mandal @ Sukha Mandal
           2.    Ram Prasad Mandal Son of Late Sukhdeo Mandal @ Sukha Mandal
           3.    Gauri Mandal @ Gauri Shankar Mandal Son of Khedan Mandal @ Khaden
                 Mandal
           4.    Khedan Mandal @ Khaden Mandal Son of Late Vathu Mandal
                 All Resident of Village - Barkurba Selibeli, Ward No 12, PS - Basopatti,
                 Dist. - Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Bhavesh Kumar Sah, Advocate
                 For the State           :        Mr. Anil Prasad Singh, APP
                 For the Informant       :        Mr. Kripa Nand Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   22-04-2026                     1. Heard learned counsel for the parties.

                                   2. The petitioners in this application pray for bail

                   apprehending their arrest in connection with Basopatti P.S. Case

                   no.173 of 2025 registered for the offence punishable under

                   sections 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                    3. As per the prosecution case, the informant states

                   that on 19.7.2025 at about 7-8 a.m., the accused persons

                   including the petitioners asked the husband of the informant to

                   accompany them to Gobrahi their mama’s place to enter into a

                   compromise in a pending case. It is stated that the informant’s
Patna High Court CR. MISC. No.3895 of 2026(4) dt.22-04-2026
                                            2/3




          husband went with the petitioners and others but thereafter he

          has disappeared. Inspite of search, he has not been found. The

          informant states that she suspects that some unfortunate

          occurrence may have taken place.

                          4. Learned counsel for the petitioners submits that

          the petitioners have been falsely implicated in the case. The

          story of the informant going with the petitioners to their mama’s

          place for talk of compromise are all false and concocted. The

          cause of false implication of the petitioners is prior enmity

          which would be evident from the FIR itself. At best, the case

          against the petitioners is of last seen and no material has

          transpired in course of investigation to connect the petitioners

          with the alleged crime.

                           5. The application for bail is opposed by learned

          A.P.P. for the State and learned counsel for the informant.

          Learned counsel for the informant submits that the petitioners

          are named in the FIR and there is direct allegation against them

          of having kidnapped the informant’s husband after he went with

          them for talk of compromise with respect to a pending case. So

          far as the delay is concerned, it is explained from the contents of

          the FIR itself as the informant was making enquiries with

          respect to his whereabouts.
            Patna High Court CR. MISC. No.3895 of 2026(4) dt.22-04-2026
                                                        3/3




                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations in the FIR, the material

                      that has transpired in course of investigation and at best the case

                      against the petitioners being one of last seen, it is directed that

                      all the petitioners, above named, in the event of their arrest or

                      surrender before the learned Court below within a period of four

                      weeks, be released on anticipatory bail in connection with

                      Basopatti P.S. Case no.173 of 2025 on each of them furnishing

                      bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Judicial Magistrate 1st Class, Madhubani.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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