Bombay High Court

MANISH SURYAJI GHADGEversusSTATE OF MAHARASHTRA AND ORS

Decided: 20 May 2026
Disposal: Disposed Off
Bench: SANDESH DADASAHEB PATIL

Holding

The Court granted transit bail for a period of three weeks, subject to a bond of Rs.20,000 with sureties, and disposed of the anticipatory bail application.

Summary

Manish S. Ghadge applied for transit bail in a criminal case (CR No.37/2026) registered in Nagaland for alleged offences under Sections 318(3) and 316(2) of the Bharatiya Nyaya Sanhita, 2023. He had received a notice under Section 35(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, requiring his presence at a police station in Dimapur on 7 May 2026, but could not attend and feared arrest. The applicant, a resident of Thane within the Bombay High Court’s jurisdiction, sought bail to enable him to travel to Nagaland and appear before the police. The Court examined whether the notice and the nature of the offences justified granting transit bail and considered the statutory provisions governing anticipatory and transit bail. Relying on the provisions of the BNS and BNSS, the Court ordered that if arrested, the applicant be released on bail with a bond of Rs.20,000 and one or two sureties, limited to three weeks, and disposed of the anticipatory bail application.

Issues considered

What is the appropriate relief—anticipatory bail, transit bail, or both—when the applicant fears arrest upon receipt of a notice under Section 35(4) of BNSS?
Whether the offences under Sections 318(3) and 316(2) of BNS, 2023, preclude the grant of transit bail?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 35(4)
Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(3)

Subjects

anticipatory bail
transit bail
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 318
Section 316
Section 35(4)
High Court

Judgment

                                                             19. ABA 1344-2026.doc



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

               ANTICIPATORY BAIL APPLICATION NO.1344 OF 2026

Manish Suryaji Ghadge                                )…     Applicant
        Versus
The State of Maharashtra & Ors.                      )...   Respondents
                                          -----
Mr. A.K. Shukla for the Applicant.
Ms. Shilpa G. Talhar, A.P.P. for Respondent No.1-State.
                                     -----

                                  CORAM : SANDESH D. PATIL, J.

                                  DATE     : 20th MAY 2026
                                             (VACATION COURT)
P.C. :

1)                The Applicant is seeking transit bail in connection with C.R.

No.37 of 2026, dated 31 st March 2026, for the offences punishable

under Sections 318(3) and 316(2) of Bharatiya Nyaya Sanhita, 2023,

(BNS) registered with West Police Station, Nagaland.



2)              Mr. A.K. Shukla, the learned Counsel appearing for the

Applicant submits that the Applicant has received a notice from the

investigating officer on 26th April, 2026, under Section 35(4) of

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), thereby asking the

Applicant to remain present at West Police Station, Dimapur, Nagaland

on 7th May, 2026. He submits that the Applicant could not attend the

RaJesh Chittewan, PS                                                             1/3
                                                          19. ABA 1344-2026.doc



said police station on that day. He, however, intends to approach the

competent court in Nagaland and seek pre-arrest bail. However, he has

an apprehension that he may be arrested and therefore, he is seeking

the transit bail.



3)              The Applicant is the resident of Swami Vivekanand Nagar,

Thane, which falls within the jurisdiction of this Court. The Applicant

has received a notice under Section 35(4) of BNSS, 2023. He is ready

to attend the police station, however, there is an apprehension that he

may be arrested. It is, therefore, necessary to grant transit bail to the

Applicant so as to enable him to approach the West Police Station,

Dimapur, Nagaland. In this premise, the following order is passed :-



                                   :ORDER:

(i)             In the event of arrest, the Applicant-Manish Suryaji

                Ghadge he be released on bail in connection with

                C.R. No.37/2026, dated 31st March 2026, registered

                with West Police Station, Dimapur, Nagaland, dated

                31st March 2026 for the offences punishable under

                Sections 318(3) and 316(2) of Bharatiya Nyaya


RaJesh Chittewan, PS                                                          2/3
                                                         19. ABA 1344-2026.doc



                Sanhita, 2023, on executing P.R. Bond in the sum of

                Rs.20,000/- with one or two sureties in the like

                amount.

(ii)            The present order is limited to a period of three

                weeks from today and it shall not be extended

                further.



(iii)           Anticipatory Bail Application No.1344 of 2026 is

                disposed off.



                                                   (SANDESH D. PATIL, J.)




RaJesh Chittewan, PS                                                         3/3
              Digitally signed by
RAJESH        RAJESH VASANT
VASANT        CHITTEWAN
CHITTEWAN     Date: 2026.05.22
              20:04:02 +0530

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