Patna High Court

Mantu Kumar SahversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Mantu Kumar Sah, sought anticipatory bail after the police registered a case alleging his involvement in a robbery and extortion of Rs. 20,000 transferred via PhonePe on 26 March 2025. The FIR implicated about 20 persons in intercepting a truck carrying animal bones, but did not specifically allege an overt act by the petitioner. The petitioner argued innocence and pointed to the grant of anticipatory bail to co‑accused Karan Kumar and Ravi Ranjan Kumar in a similar case. The State opposed, highlighting that the mobile number used for the money transfer belonged to the petitioner, indicating participation. The court examined the material evidence, the seriousness of the offences under the Bihar Narcotic Substances Act, and concluded that the petitioner could not be treated on parity with the co‑accused, thereby rejecting the anticipatory bail application.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the Criminal Procedure Code in view of the alleged involvement in the extortion and money transfer.
Whether the petitioner can be treated on parity with co‑accused who were granted anticipatory bail.

Legislation cited

Bihar Narcotic Substances Act — s. 115(2), 126(2), 303(2), 3(5)

Subjects

anticipatory bail
Criminal Procedure Code
money transfer
extortion
Bihar Narcotic Substances Act
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86045 of 2025
                        Arising Out of PS. Case No.-1 Year-2025 Thana- BABURA District- Bhojpur
                 ======================================================
                 Mantu Kumar Sah Son of Briju Sah R/o Babhangawan, Agarpura, Bhojpur,
                 Babhangawan, Bihar, Pin Code - 802163

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Ms. Akanksha Malviya, Advocate
                 For the State           :        Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 303(2) and 3(5) of the B.N.S..

                                3. The prosecution case, in brief, is that on

                   26.03.2025, at about 02:00 PM in the afternoon, while the

                   informant’s pick-up truck was going towards Chhapra carrying

                   animal bones (fertilizers) for delivery to the Unique Bone

                   Fertilizers factory, run by informant's brother, in the meantime,

                   about 20 unknown miscreants intercepted the pick-up truck and

                   assaulted the driver and co-driver. The informant’s driver

                   informed the informant on his mobile phone, upon which, the

                   accused persons snatched the phone from the driver and
Patna High Court CR. MISC. No.86045 of 2025(2) dt.07-01-2026
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          demanded a sum of Rs. 20,000/- for releasing the driver, co-

          driver and vehicle. The informant transferred the demanded

          amount of Rs. 20,000/- on PhonePe, bearing no. 9470012960 on

          26.03.2025.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. From bare perusal of the F.I.R. it is

          apparent that altogether 20 persons are alleged to have stopped

          the vehicle and demanded money and no specific accusation of

          overt act has been alleged against this petitioner. Similarly

          situated co-accused persons, namely Karan Kumar and Ravi

          Ranjan Kumar, have already been granted the privilege of

          anticipatory bail by a Co-ordinate Bench of this Hon’ble Court

          vide order dated 17.09.2025 passed in Cr. Misc. No. 61309 of

          2025 and analogous case. Petitioner claims clean antecedents.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner and submitted that petitioner cannot claim parity

          with other co-accused persons since during course of

          investigation, it has come that the mobile number on which the

          money was transferred belongs to this petitioner.

                       6. Considering the facts and circumstances of the
             Patna High Court CR. MISC. No.86045 of 2025(2) dt.07-01-2026
                                                         3/3




                       case, materials that have surfaced during course of investigation

                       and gravity of offence, the prayer for grant of anticipatory bail

                       to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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