Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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