Patna High Court
Vikash Kumar Mandal @ Vikky MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNS Act — s. 65(1)
- BNSS — s. 482(2)
- Protection of Children from Sexual Offences Act — s. 4
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/-
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