Patna High Court
Nanak Mahto @ Nanahak MahtoversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is dismissed for petitioner No.1 and granted for petitioner No.2.
Summary
The petitioners, Nanak Mahto and his father Shambhu Mahto, were implicated in a kidnapping case (sections 363 and 366A IPC) registered as Baniyapur PS Case No. 393 of 2022. They applied for anticipatory bail, claiming the alleged victim had eloped with Nanak and that Shambhu had no role. The court examined whether there were direct allegations against each petitioner under Sections 438 and 482 of the CrPC. It dismissed the anticipatory bail for Nanak, finding sufficient grounds for his arrest, but granted anticipatory bail to Shambhu as no direct charge was made against him, subject to bond and surety conditions. The court also directed the police to recover the missing victim and ordered Nanak to surrender within four weeks to seek regular bail.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 (Nanak Mahto) under Section 438 CrPC in a kidnapping case under IPC sections 363 and 366A.
- Whether anticipatory bail should be granted to petitioner No.2 (Shambhu Mahto) where no direct allegation exists.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 363, 366A
Subjects
- anticipatory bail
- kidnapping
- IPC
- CrPC
- bail conditions
- recovery of victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51951 of 2025
Arising Out of PS. Case No.-393 Year-2022 Thana- BANIAPUR District- Saran
======================================================
1. Nanak Mahto @ Nanahak Mahto S/o Shambhu Mahto R/o Village- Karah
Birti Tola, PS- Baniyapur, District- Saran
2. Shambhu Mahto S/o Late Nemdhari Mahto R/o Village- Karah Birti Tola,
PS- Baniyapur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok, Adv
For the Opposite Party/s : Mr. Shyam Kumar APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Baniyapur P.S.Case No. 393 of 2022 registered for the
offence under sections 363, 366(A) of the Indian Penal Code.
3. The petitioners are accused of kidnapping of the
victim girl.
4. It has been argued by the learned counsel for the
petitioners that the victim girl has eloped with the petitioner no.
1 and the petitioner no. 2 , the father of the petitioner no. 1 has
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no role in the alleged elopement. He further submits that the girl
is yet to be recovered.
5. In these circumstances, the prayer for anticipatory
bail of the petitioner no.1 is dismissed.
6. So far as the petitioner no. 2 is concerned, there is
no direct allegation against the petitioner no. 2. His prayer for
anticipatory bail is allowed.
7. Learned counsel for the State has opposed the bail
application of the petitioner.
8. Let the petitioner nos. 2, father of 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, Saran at
Chapra/concerned court below in connection with Baniyapur
P.S.Case No.393 of 2022, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973/
Section 482 of the BNSS.
9. The Superintendent of Police, Saran is directed to take
all steps for the recovery of the victim. The petitioner no. 1 is
directed to surrender within four weeks from
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today and prays for regular bail.
(Sandeep Kumar, J)
N.K/-
U T
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