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Patna High Court

Nanak Mahto @ Nanahak MahtoversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
Patna High Court CR. MISC. No.51951 of 2025(3) dt.20-02-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.51951 of 2025(3) dt.20-02-2026
                                                        3/3




                      today and prays for regular bail.



                                                 (Sandeep Kumar, J)
N.K/-

U       T


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