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Patna High Court

Manish Kumar Yadav @ Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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