Patna High Court

Vikash Kumar @ Vikash Mandal @ Vikash Kumar MandalversusThe State of Bihar

Decided: 6 May 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Anticipatory bail was denied.

Summary

The petitioner, Vikash Kumar, sought anticipatory bail in a kidnapping case (PS case no.25/2025) where he is one of five accused under several sections of the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, a clean record, and that the victim’s statements (recorded under the Bharatiya Nagarik Suraksha Sanhita, 2023) did not implicate him. The State opposed bail, arguing that the victim’s statements indicated his involvement. The High Court examined the statements and the seriousness of the charges and decided not to grant bail. However, the Court directed that if the petitioner surrenders within six weeks, the trial court should promptly consider his surrender‑cum‑bail application without prejudice to the rejection of anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023
Whether the victim’s statements under the Bharatiya Nagarik Suraksha Sanhita, 2023, constitute sufficient ground to deny bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 180, 183
Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 303(2), 351(3), 352

Subjects

anticipatory bail
bail
kidnapping
criminal procedure
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15477 of 2026
                   Arising Out of PS. Case No.-25 Year-2025 Thana- ANDHRAMATH District- Madhubani
                 ======================================================
                 Vikash Kumar @ Vikash Mandal @ Vikash Kumar Mandal S/o- Shailendra
                 Mandal R/v- Baghuwa PS- Andharamath District-Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :      Mr.Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   06-05-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner who apprehends arrest in connection

                   with Andharamath P.S case no.25 of 2025 corresponding to

                   G.R.S1. No. 215/2025 lodged on 11.02.2025, for the offences

                   punishable under sections 137(2), 140(3), 303(2), 352, 351(3),

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution, five accused persons

                   including the present petitioner have been made accused in the

                   present case with an allegation of kidnapping the informant’s

                   sister.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. It is further

                   submitted that the petitioner has a clean antecedent and has been
Patna High Court CR. MISC. No.15477 of 2026(3) dt.06-05-2026
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          falsely implicated in the present case. Learned counsel submits

          that the victim girl has already been recovered and her statement

          has been recorded under Sections 180 and 183 of the Bharatiya

          Nagarik Suraksha Sanhita, 2023. The said statements are

          contained in Paragraph Nos. 43 and 51 of the case diary,

          wherein the victim has not made any allegation against the

          present petitioner.

                       5. Per contra, learned APP for the State vehemently

          opposes the prayer for bail and submits that on an earlier

          occasion, the case diary was called for. It is contended that the

          statements of the victim girl, as contained in Paragraph Nos. 43

          and 51 of the case diary, indicate the involvement of the

          petitioner in the alleged occurrence of kidnapping.

                       6. In this background, this Court is not inclined to

          grant bail to the petitioner. Accordingly, the prayer for bail of

          the petitioner in connection with Andharamath P.S case no.25 of

          2025 corresponding to G.R.S1.No. 215/2025, pending before

          the learned Sub Divisional Judicial Magistrate, Jhanjharpur,

          District-Madhubani is hereby rejected.

                       7. However, if the petitioner surrenders before the

          Trial Court within six weeks from today, the Trial Court shall

          pass an order on his surrender-cum-bail application on the same
          Patna High Court CR. MISC. No.15477 of 2026(3) dt.06-05-2026
                                                      3/3




                    day, without being prejudiced by the fact that the petitioner’s

                    anticipatory bail has been rejected by this Court.




                                                (Dr. Anshuman, J)
Ashwini/Manshi

U     T

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