Patna High Court
Mannu Kumar Mehta @ Mannu MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail is granted to the petitioner subject to a bond of Rs.30,000 and conditions under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Mannu Kumar Mehta, who has been in custody since 12 January 2024, applied for bail after a prior bail denial. He faces five pending criminal cases out of a total of eight, having been acquitted in three. The petitioner submitted a supplementary affidavit affirming he is not absconding in any pending case. The State opposed bail, noting the stage of trial and that charges have been framed with some witnesses examined. The Court, after reviewing the affidavit and trial report, granted bail on a bond of Rs.30,000 under Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to conditions prescribed in Section 480(3) of the same Act.
Issues considered
- Whether the petitioner, despite having five pending criminal cases, is entitled to bail.
- Whether the petitioner’s claim of not absconding is sufficient to merit bail.
- Whether the conditions imposed under the Bharatiya Nagarik Suraksha Sanhita, 2023 are appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 480(3)
Subjects
- bail
- criminal procedure
- pending cases
- non-absconding
- bond
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62051 of 2025
Arising Out of PS. Case No.-65 Year-2023 Thana- BHAPTIAHI District- Supaul
======================================================
Mannu Kumar Mehta @ Mannu Mehta S/O Krishna Kumar Mehta @ Ramu
Mehta Resident of Village- Tengarha Ward No. 2, P.S.- Bhaptiyahi, District-
Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamal Kishore Singh, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
5 11-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Learned counsel for the petitioner submits that the
prayer for bail of the petitioner was earlier rejected vide order
dated 19.03.2025 passed in Criminal Miscellaneous No. 85331
of 2024. It is further submitted that the petitioner is in custody
since 12.01.2024. Learned counsel further submits that in the
present case the petitioner was directed to file a supplementary
affidavit bringing on record substantial proof to show that the
petitioner is not absconding in any of the cases mentioned in
paragraph no. 3 of the petition.
3. It is further submitted that, in fact, there were eight
criminal cases in which the petitioner’s name appeared. Out of
Patna High Court CR. MISC. No.62051 of 2025(5) dt.11-03-2026
2/3
the said eight criminal cases, the petitioner has already been
acquitted in three cases and, therefore, disclosure was made by
the pairvikar in paragraph no. 3 of the main petition that only
five criminal cases are pending against the petitioner. However,
in the supplementary affidavit, detailed disclosure has been
made and it has been categorically stated in different paragraphs
that the petitioner is not absconding in any of the criminal cases
pending against him.
4. Learned counsel for the State opposes the prayer
for bail and submits that on the earlier occasion a report with
regard to the present stage of the trial was called for. He further
submits that he has verified the statements made in paragraph
no. 3 of the petition as well as in the supplementary affidavit,
and it has correctly been mentioned by the learned counsel for
the petitioner that disclosure has been made with regard to five
pending cases, whereas in three criminal cases the petitioner has
already been acquitted. The details of those three cases are
different from the cases which are presently pending.
5. From the perusal of the report received from the
Additional Sessions Judge-IV, Supaul, it appears that charge has
already been framed, and out of six prosecution witnesses, three
witnesses have been examined and cross-examined.
Patna High Court CR. MISC. No.62051 of 2025(5) dt.11-03-2026
3/3
6. In the present facts and circumstances, let the
petitioner above named, be granted bail on furnishing bail bonds
of Rs.30,000/- (Rupees Thirty thousand) as mentioned in
Section 2(1) (d) of the BNSS, 2023 to the satisfaction of learned
Additional Sessions Judge-IV, Supaul in connection with S.T.
Case No. 333 of 2024 arising out of Bhaptiyahi P.S. Case No. 65
of 2023, subject to the conditions as laid down under Section
480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show
his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bonds by the Trial Court itself;
(iii) If the petitioner found involved in similar cases in
future, their bail bonds shall be liable to be cancelled.
(Dr. Anshuman, J)
Ashwini/-
U T
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