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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Manish Kumar, sought anticipatory bail fearing arrest in a kidnapping case registered under Sections 137(2) and 96 of the Bihar Prohibition and Excise Act. The prosecution alleged that he kidnapped the victim, while the petitioner claimed innocence, stating the victim had eloped with him and that he has a clean antecedent. The victim’s statement under Section 183 CrPC indicated a consensual relationship with the petitioner. The State opposed the bail, but the court considered the facts and the petitioner's claim of false implication. The court allowed the anticipatory bail, directing release on a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC in view of the allegations under the Bihar Prohibition and Excise Act
  • Whether the petitioner is likely to be arrested and if bail conditions are appropriate

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • kidnapping
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88450 of 2025
                  Arising Out of PS. Case No.-320 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Manish Kumar Son of Satish Kumar Yadav @ Satish Yadav Resident of
                 Village - Tehta (Makhdumpur), P.S.- Tehta (Jehanabad), District- Jehanabad
                 (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Uday Kumar, Advocate
                 For the Opposite Party/s :      Mr.Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                          Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Makhdumpur P.S. Case No. 320 of 2025

                   registered for the offence under Sections 137(2) and 96 of the

                   Bihar Prohibition and Excise Act.

                                   3.     As per the prosecution case, petitioner is

                   accused of kidnapping the victim.

                                      4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that victim in

                   her statement recorded under Section 183 Cr.P.C. has stated that

                   she was in relationship with the petitioner and she had eloped
              Patna High Court CR. MISC. No.88450 of 2025(2) dt.15-01-2026
                                                          2/2




                        with the petitioner. Petitioner has clean antecedent.

                                           5. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioner.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, be released on bail on furnishing bail

                        bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of the learned Additional

                        Chief Judicial Magistrate-1st, Jehanabad/ concerned Court

                        below in connection with Makhdumpur P.S. Case No. 320 of

                        2025, subject to the conditions laid down in Section 438(2) of

                        the Code of Criminal Procedure, 1973 / Section 482 of the

                        BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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