Patna High Court
Manu BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438
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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