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Bombay High Court

SIDDHARTH NARENDRA BANTHIAversusSTATE OF MAHARASHTRA AND ORS

Decided
Disposal
ANTICIPATORY BAIL REJECTED

Holding

The Court allowed the transit anticipatory bail, directing release on a personal bond of Rs 25,000 with surety for four weeks.

Summary

The applicant, Siddharth Narendra Banthia, filed a transit anticipatory bail application in the Bombay High Court in connection with Crime No. 464 of 2026 registered at Jaora Industrial Area Police Station, Ratlam, Madhya Pradesh, for an offence under Section 316(2) of the Bharatiya Nyaya Sanhita, 2023. He had been served a notice under Section 179 of the same Act and expressed willingness to cooperate with the investigation. The State argued that the applicant had not previously cooperated and should have approached the Sessions Court within the jurisdiction of the offence. The Court considered the nature of the offence, which carries a maximum punishment of five years, and the applicant’s readiness to cooperate, and held that a limited period of transit anticipatory bail was appropriate. Accordingly, the Court ordered that, if arrested, the applicant be released on bail upon furnishing a personal bond of Rs 25,000 with a surety of equal amount, for a period of four weeks to enable him to approach the competent Sessions Court. The Court clarified that it made no finding on the merits and any further application under Section 482 would be decided by the appropriate court.

Issues considered

  • Whether anticipatory bail may be granted in a transit situation for a limited period to enable the applicant to approach the concerned Sessions Court
  • Whether the issuance of a notice under Section 179 of the Bharatiya Nyaya Sanhita affects the grant of anticipatory bail
  • Whether the nature of the offence punishable up to five years justifies the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • transit bail
  • Section 316
  • Section 179
  • bail bond
  • criminal procedure
  • investigation cooperation
  • Maharashtra
  • Madhya Pradesh

Judgment

                                                       936-ABA-2661-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 2661 OF 2026
Siddharth Narendra Banthia                                 ...Applicant
            V/S.
State Of Maharashtra And Ors.                              ...Respondents
_____________________________________________________________
Adv. Ashok Varma a/w Vinit Jain, Gaurav Mhatre, for the Applicant.
Adv. Megha S. Bajoria, APP for the Respondent – State.
_________________________________________________________
                 CORAM : PRAFULLA S. KHUBALKAR, J.
                 DATE : 08TH OCTOBER, 2026.


P.C. :-
1.        Heard learned counsel for the applicant as well as learned APP for

the respondents-state.

2.        The applicant has filed the instant application for seeking transit

anticipatory bail in connection with Crime No. 464 of 2026 dated

02.09.2026, registered with Jaora Industrial Area Police Station Ratlam,

State of Madhya Pradesh, for the offence punishable under Section 316(2) of

Bharatiya Nyaya Sanhita (BNS), 2023.

3.        Learned counsel for the applicant submits that although the

offence is registered against this applicant on 03rd October, 2026, the

applicant is served with a notice dated 02.10.2026 under Section 179 of

BNSS. He submits that in view of this, the applicant is ready to extend


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                                                         936-ABA-2661-2026.odt

cooperation by visiting the concerned police station. He also submits that the

offence alleged is punishable up to five years and the applicant is ready to

join the investigation.

4.          Learned APP for the respondents submits that the offence is

registered against the applicant and earlier he has not extended cooperation.

She also submits that the applicant ought to have approached to the

concerned Sessions Court within the jurisdiction of which the offence is

registered. She submits that the Investigating Officer had attended the Court

on 07.10.2026 and has given his say dated 19.09.2026, which is tendered

across the bar. The same is taken on record and marked as document “X” for

identification purposes.

5.         It has to be noted that although the offence is registered against

this applicant, the Investigating Officer has served upon him a notice under

Section 179 of BNSS. The applicant has categorically stated that he is ready

to extend cooperation in response to the said notice. Considering the nature

of offence under Section 316(2) of BNS, which is punishable up to five

years, the applicant needs to be permitted to join the investigation and attend

the police station.

6.         Accordingly, considering the fact that the applicant is seeking

transit anticipatory bail for limited period to enable him to approach the

competent court at Jaora Industrial Area Police Station Ratlam, State of

Madhya Pradesh, the instant application needs to be allowed.

7.         Hence I pass the following order.



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                                 : ORDER :

              i.    In the event of arrest of applicant in connection

              with Crime No. 464 of 2026 dated 02.09.2026,

              registered with Jaora Industrial Area Police Station

              Ratlam, State of Madhya Pradesh, for the offence

              punishable under Section 316(2) of Bharatiya Nyaya

              Sanhita (BNS), 2023, the applicant be released on bail

              on furnishing P.R. bond of Rs. 25,000/- with one

              solvent surety of like amount.

              ii.    It is directed that this protection from arrest is

              granted for a period of four weeks from today, for

              enabling him to approach the concerned Sessions Court

              for seeking appropriate orders.

8.        It is clarified that this court has not expressed any observations on

the merits of the case and in case the applicant submits any application under

section 482 of BNSS, the same be decided by competent court on its own

merits.

9.        The application is accordingly allowed and disposed of.



                                      (PRAFULLA S. KHUBALKAR, J.)




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