Patna High Court
Vishwanath SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for anticipatory bail.
Summary
Vishwanath Sah and Vaidhnath Sah, labour contractors, feared arrest in a case (Kudhani P.S. Case No. 03 of 2025) alleging offences under IPC Sections 363, 365 and 367. The prosecution alleges they took a deceased worker to Maharashtra, the worker fell ill, was returned with a companion who later reported the deceased missing from a train. The petitioners contend they did not kidnap or commit any offence and seek anticipatory bail. The State opposed the bail. The High Court, after considering the facts, granted anticipatory bail subject to a bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the BNSS, noting the observations are prima facie and not a determination on the merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged offences under IPC Sections 363, 365 and 367
- Whether the allegations, if true, constitute a ground to deny anticipatory bail
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate
Legislation cited
- Bihar Negotiable Instruments (BNSS) — s. 482(2)
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 363, 365, 367
Subjects
- anticipatory bail
- kidnapping
- dacoity
- IPC
- Section 438 CrPC
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40231 of 2026
Arising Out of PS. Case No.-3 Year-2025 Thana- KUDHNI District- Muzaffarpur
======================================================
1. Vishwanath Sah S/o Prabhu Sah R/o Village - Muraul, P.S. - Maniyari, Dist.
- Muzaffarpur.
2. Vaidhnath Sah @ Raghunath Sah S/o Prabhu Sah R/o Village - Muraul, P.S.
- Maniyari, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Kudhani P.S. Case No. 03 of 2025 registered for offences under
Sections 363, 365 and 367 of the Indian Penal Code.
3. As per the prosecution case, the petitioner, who was
the labour contractor, had taken the deceased to the State of
Maharashtra for doing labour work. The deceased fell ill there,
and thereafter, he was sent back with one Chuman Manjhi.
Chuman Manjhi has stated that, on the way, he was caught
without a ticket and after he boarded the train again, he found
that the deceased was not there on his seat.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
Patna High Court CR. MISC. No.40231 of 2026(2) dt.07-07-2026
2/2
offence. He further submits that the petitioners have not
kidnapped the victim.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor court in
connection with Kudhani P.S. Case No. 03 of 2025 subject to
the conditions as laid down under Section 482(2) of the BNSS.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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