Patna High Court
Manish Kumar @ TeniyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court enlarged bail to the petitioner on the condition of a Rs 10,000 bond with two sureties.
Summary
Manish Kumar was arrested in connection with a kidnapping case involving the minor daughter of an informant, charged under Sections 137(2), 3(5) & 140(3) of the Bihar Narcotic Substances Act and Section 8 of the POCSO Act. The prosecution alleged kidnapping, but the victim’s statement before the magistrate under Section 183 indicated she did not support the case. The petitioner’s counsel argued that the allegations were baseless, the petitioner had no prior criminal record, and had been in judicial custody since 7 December 2025. The State opposed bail. After hearing both sides, the Patna High Court granted bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties to the satisfaction of the Special Judge handling the case.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case involving a minor under the BNS and POCSO statutes, considering the victim’s non‑cooperation and the petitioner’s clean record.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 140(3), 3(5)
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- kidnapping
- minor
- POCSO
- victim non‑cooperation
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21098 of 2026
Arising Out of PS. Case No.-227 Year-2025 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Manish Kumar @ Teniya Son of Sri Nandu Yadav Resident of Village-
Odhanpura, PS- Neemchak Bathani, Dist- Gayaji
... ... Petitioner/s
Versus
1. The State of Bihar
2. X son of XX Resident of Village- Sonsa, Post- Neemthu, Ps- Neemchak
Bathani, Dist- Gayaji
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Neemchak Bathani P.S. Case No.227 of 2025 registered for
the offence punishable under Sections 137(2), 3(5) & 140(3) of
the BNS and under Section 8 of the POCSO Act.
3. The case of the prosecution, in short, is that the
petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that from perusal of the order of the
learned trial court it will transpire that the learned trial court has
recorded that the victim has not supported the case of the
Patna High Court CR. MISC. No.21098 of 2026(2) dt.02-04-2026
2/2
prosecution in her statement before Magistrate under Section
183 of the BNSS. Learned counsel for the petitioner has further
submitted that as the victim has not supported the case of the
prosecution, the allegations against the petitioner is baseless.
Learned counsel for the petitioner has further submitted that the
petitioner is having no criminal antecedent and he is in judicial
custody since 07.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
exclsuive Special Judge POCSO-cum-District & Additional
Sessions Judge-VII, Gayaji in connection with Neemchak
Bathani P.S. Case No.227 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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