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Patna High Court

Vikash Kumar Mandal @ Vikky MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Vikash Kumar Mandal was arrested in connection with a kidnapping alleged under Section 65(1) of the BNS Act and Section 4 of the POCSO Act, purportedly to facilitate illicit intercourse or marriage. The petitioner contended that he was merely the driver and that the main accusation lay against co‑accused Nitish Kumar, with the police having submitted a closure report in his favour. The Additional Public Prosecutor opposed bail, but the court noted the closure report, the petitioner’s clean antecedent, and the apparent compromise between the informant and the main accused. Relying on these factors and the provisions of Section 482(2) of the BNSS, the court directed that the petitioner be released on bail. Bail was to be secured by a bond of Rs 10,000 with two sureties of the same amount, subject to the conditions laid down by the trial court. The order effectively disposed of the bail application in the petitioner’s favour.

Issues considered

  • Whether bail should be granted to the petitioner despite allegations under Section 65(1) BNS and Section 4 POCSO.
  • Whether the closure report filed by police and the petitioner’s clean antecedent justify bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • POCSO
  • Section 65(1) BNS
  • clean antecedent
  • closure report
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2587 of 2026
                      Arising Out of PS. Case No.-39 Year-2025 Thana- MAHILA P.S. District- Banka
                 ======================================================
                 Vikash Kumar Mandal @ Vikky Mandal, Son of Bibhishan Mandal R/o
                 Village- Vijaynagar, P.S.- Banka, District- Banka. ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar.
           2.     X D/o xxx Y, R/o Village- Vijaynagar, P.S.- Banka, District- Banka.
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Balkrishna Mishra, Advocate
                 For the Opposite Party/s :       Mr.Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   12-02-2026                     Heard learned counsel appearing on

                   behalf of the petitioner and learned Additional

                   Public Prosecutor appearing on behalf of the State.

                                2. The accused/petitioner apprehending his

                   arrest in connection with Banka (Mahila) P.S. Case

                   No.        39 of 2025 registered for the offences

                   punishable under Section 65(1) of BNS and Section

                   4 of POCSO Act.

                                3. The allegation against the petitioner is

                   to kidnap the informant, who on the date of

                   occurrence about 16 years alongwith other co-

                   accused          persons         for      the      purpose          of     illicit

                   intercourse/marriage with another person.

                                4. It is submitted by learned counsel
Patna High Court CR. MISC. No.2587 of 2026(2) dt.12-02-2026
                                             2/3




          appearing on behalf of the petitioner that thrust of

          allegation is available against co-accused, Nitish

          Kumar and as the petitioner was the driver of the

          hire vehicle, he was implicated with present case.

          It is submitted that after investigation taking note

          of aforesaid fact, the closure report qua petitioner

          was      submitted           but      the     learned     jurisdictional

          magistrate taking a different view took cognizance

          against the petitioner. It is submitted that the

          matter between the informant and main co-

          accused, Nitish Kumar also appears compromised

          in view of annexure-4. Petitioner claimed clean

          antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions

          and      by     taking       note        of   fact   as   police   after

          investigation            submitted            closure     report    qua

          petitioner coupled with the fact that                          dispute

          between informant and main co-accused also

          appears compromised, where petitioner is a man

          of clean antecedent, accordingly, above named

          petitioner, in the event of his arrest or surrender
              Patna High Court CR. MISC. No.2587 of 2026(2) dt.12-02-2026
                                                          3/3




                        before the learned trial Court, within a period of

                        four weeks of the order, is directed to be released

                        on bail furnishing bail bond of Rs. 10,000/- (Rupees

                        Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned Additional

                        Sessions         Judge-6        cum       Special   Judge,   POCSO,

                        Banka/concerned Court, where the case is pending

                        in connection with Banka (Mahila) P.S. Case No. 39

                        of 2025 subject to the conditions as laid down

                        under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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