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Patna High Court

Manjit Kumar ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted, subject to conditions under Section 482(2) of the B.N.S.S.

Summary

Manjit Kumar Thakur applied for anticipatory bail in a criminal case registered under Sections 137(2) and 96 of the B.N.S., alleging that the alleged victim’s statements were contradictory and made under parental pressure, and that a cover notice had been validly served on the second opposite party. The petitioner asserted a clean antecedent and argued that the victim had voluntarily taken valuables and eloped, indicating lack of culpability. The State opposed the bail, contending that the offences were serious and the petitioner might abscond. The Court examined the service of notice, the credibility of the victim’s statements, and the petitioner’s background, and concluded that bail could be granted with conditions. Accordingly, the Court ordered release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S., and directed surrender within six weeks if arrested.

Issues considered

  • Whether anticipatory bail is appropriate in a case under Sections 137(2) and 96 of the B.N.S.
  • Whether the cover notice served on the second opposite party is valid and sufficient to stay proceedings.
  • Whether the victim’s inconsistent statements, allegedly made under pressure, affect the necessity of bail.
  • Whether the petitioner is likely to abscond or tamper with evidence.

Legislation cited

  • B.N.S. — s. 137(2), 180, 183, 482(2), 96

Subjects

  • anticipatory bail
  • B.N.S. Sections 137(2) and 96
  • cover notice
  • victim statements
  • clean antecedent
  • Section 482(2) inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76040 of 2025
                      Arising Out of PS. Case No.-160 Year-2025 Thana- NAUHATTA District- Rohtas
                 ======================================================
                 Manjit Kumar Thakur Son of Raju Thakur Resident of Village- Bishunpur,
                 Police Station- Nauhatta, District- Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Usha Devi W/o- Ram Pravesh Chandel, R/o- Bishunpur, P.S.- Nauhatta,
                 District- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Kumar Mishra
                 For the Opposite Party/s :       Mr.Ram Priya Sharan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   10-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 137(2) and 96 of the B.N.S.

                                3. The learned counsel for the petitioner submits

                   that from perusal of the office report dated 19.03.2026, it

                   would manifest that registered cover notice has been

                   received by opposite party no.2.

                                4. Since registered cover notice has been received

                   by opposite party no.2, hence the notice is deemed to be

                   validly served. It is next submitted that opposite party no.2,
Patna High Court CR. MISC. No.76040 of 2025(3) dt.10-04-2026
                                            2/4




          despite receiving notice, chooses not to appear and contest.

          It is also submitted that even case diary was called for but

          the same also till date has not been received.

                       5. It is further submitted that petitioner is a person

          with clean antecedent and from perusal of the allegations as

          alleged in the FIR, it would manifest that allegation is of

          enticing the minor daughter of the informant by the

          petitioner and his brother Rajesh. It is next submitted that

          from perusal of the allegations as alleged in the FIR, it

          would manifest that the victim while fleeing from the house

          took away golden chain, earring and Rs.20,000/- which

          amply demonstrates that the victim on her own volition left

          the house. It is also submitted that victim came back and her

          statement was recorded under Section 180 BNSS wherein

          she has not supported the case of the prosecution, nor

          alleged anything against the petitioner, but when her

          statement was again recorded under Section 180 BNSS, the

          victim supported the case of the prosecution. Similarly the

          victim in her statement recorded under Section 183 BNSS

          has not supported the case of the prosecution, but

          subsequently, one statement was again recorded under
Patna High Court CR. MISC. No.76040 of 2025(3) dt.10-04-2026
                                            3/4




          Section 183 of the BNSS, she supported the case of the

          prosecution. It is next submitted that from the narration of

          facts as recorded herein above, it would manifest that when

          statement of the victim was recorded under parental

          pressure, she supported the prosecution case and when the

          statement was recorded without any coercion she did not

          support the case of the prosecution. It is further submitted

          that even allegations in the FIR points to the fact that the

          victim had eloped with the petitioner or else she would not

          have taken golden chain, earring and cash while eloping. It

          is further submitted that petitioner will not abscond rather

          will cooperate in the investigation to prove his innocence.

                       6. Learned A.P.P. opposes the anticipatory bail

          application.

                       7. Considering the submissions made by the

          learned counsel for the petitioner, the petitioner, above-

          named, in the event of his arrest or surrender before the

          learned Court below within a period of six weeks, is

          directed to be released on bail on his furnishing bail-bonds

          in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the
               Patna High Court CR. MISC. No.76040 of 2025(3) dt.10-04-2026
                                                           4/4




                         learned Trial Court where the case is pending/successor

                         Court in connection with Nauhatta P. S. Case No.160 of

                         2025, subject to the conditions laid down under Section

                         482(2) of the B.N.S.S.

                                      8. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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