Patna High Court
Manish Kumar Yadav @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, directing release upon furnishing bail bonds and sureties.
Summary
The petitioner, Manish Kumar Yadav, applied for anticipatory bail anticipating arrest in a case registered under Sections 137(2), 96, 303(2) and 3(5) of the B.N.S. The FIR alleged that he, along with others, entered the complainant's house, locked a room, stole Rs.1.50 lakh and ornaments, and abducted a minor girl. The petitioner contended that he was falsely implicated, that the alleged victim was actually 16‑17 years old as per a medical assessment, and that her statement recorded under Section 183 BNSS did not support the prosecution’s case. The State opposed the bail but could not refute the victim’s statement. The court, after considering the submissions, directed that the petitioner be released on anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted in view of the allegations of kidnapping and theft.
- Whether the victim's statement under Section 183 BNSS negates the prosecution's case.
- Whether the petitioner has been falsely implicated and thus merits bail.
Legislation cited
Subjects
- anticipatory bail
- false implication
- kidnapping
- victim age dispute
- Section 183 statement
- Section 482(2) conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86094 of 2025
Arising Out of PS. Case No.-302 Year-2025 Thana- NARPATGANJ District- Araria
======================================================
Manish Kumar Yadav @ Manish Kumar S/o Late Gautam Yadav R/o Village -
Kannaili, Ward No. 05, P.S - Narpatganj, District - Araria, Pin - 854318
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nishant Kumar Sinha
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 24-03-2026 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), 96, 303(2) and 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the
informant alleges that accused persons including the petitioner
came to his house on 13.08.2025 at 12.30 A.M. and locked his
room and petitioner took Rs.1.50 Lac along with ornaments and
also took minor daughter aged 12 years and when his father
confronted, he was threatened.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.86094 of 2025(3) dt.24-03-2026
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informant. It is next submitted that though in the FIR informant
alleges that his daughter was aged about 12 years but no
documentary evidence has brought on record to substantiate the
same. It is further submitted that doctor has assessed the age of
the victim in between 16-17 years. It is further submitted that
victim came back and her statement was recorded under Section
183 BNSS wherein she has not supported the case of the
prosecution rather has stated that being aggrieved by the
conduct of her parents she accompanied the petitioner on her
own volition, but then, brother of the petitioner called and
informed that a false case has been instituted based on which
they came back and has also stated that she has married the
petitioner, but then, when she came back her parents washed up
the vermilion and no one had kidnapped/ abducted her.
5. Learned A.P.P. opposes the anticipatory bail
application, but then, is not in a position to rebut the submission
of the learned counsel appearing on behalf of the petitioner that
victim has not supported the case of the prosecution after
perusing the statement of the victim recorded under Section 183
BNSS.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
Patna High Court CR. MISC. No.86094 of 2025(3) dt.24-03-2026
3/3
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 learned Trial Court where the case is
pending/successor Court in connection with Narpatganj P. S.
Case No.302 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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