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Patna High Court

Manu BhartiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, allowing his release on bond if arrested or surrendered within four weeks.

Summary

The petitioner, Manu Bharti, filed an application fearing arrest in a case (PS Agiaon (G) Case No. 198 of 2024) alleging abduction under Sections 96 and 3(5) of the BNS. The prosecution alleged that the petitioner and others abducted the victim, while the petitioner contended he was falsely implicated and that the victim had eloped with the main accused, Dablu Bharti, a relative of the petitioner. The petitioner sought bail on the condition that he would be released if arrested or surrendered within four weeks. The Court examined the claim of innocence and the lack of direct involvement, and found merit in the petitioner's plea. Accordingly, the Court allowed the bail application, directing release on a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNS. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether the petitioner is entitled to bail pending arrest in the abduction case under Sections 96 and 3(5) of the BNS
  • Whether the conditions of Section 438(2) CrPC and Section 482 of the BNS justify granting bail

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • Criminal Procedure Code
  • BNS
  • abduction
  • false implication
  • Section 438
  • Section 482
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60578 of 2025
                  Arising Out of PS. Case No.-198 Year-2024 Thana- AGION (GARHANI) District- Bhojpur
                 ======================================================
                 Manu Bharti S/o Shyam Bihari Bharti @ Shyam Bihari Gosai R/o Village -
                 Sahangi, P.S - Agiaon (G), District - Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Renu Devi W/o Nirmal Giri R/o Village - Sahangi, P.S - Garhani, District -
                 Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kumar Singh
                 For the Opposite Party/s :        Mr.Umeshanand Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   24-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Agiaon (G) P.S. Case No. 198 of 2024

                   registered for the offence under Sections 96, 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioner and

                   others are said to have abducted the victim.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that from the

                   statement of the victim girl, it appears that she has eloped with

                   the main accused Dablu Bharti and the petitioner is relative of
          Patna High Court CR. MISC. No.60578 of 2025(4) dt.24-02-2026
                                                      2/2




                    Dablu Bharti and he has no role to play in the alleged offence.

                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                     6. Let 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 ADJ-VI,

                    Bhojpur at Ara/concerned Court below in connection with

                    Agiaon (G) P.S. Case No. 198 of 2024, subject to the conditions

                    laid down in Section 438(2) of the Code of Criminal Procedure,

                    1973 / Section 482 of the BNSS.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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