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Patna High Court

Ramesh Mandal @ Ramesh Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Ramesh Mandal sought anticipatory bail after learning that he might be arrested in a kidnapping case (Ladaniya P.S. Case No. 375 of 2024) filed under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that he, along with others, kidnapped a minor girl. The petitioner asserted his innocence, highlighted his clean criminal record, and pointed to the victim’s statement that she had married co‑accused Jairam Mandal, who had already been granted bail. The State opposed the bail application. The High Court, considering the petitioner’s clean antecedent and the victim’s statement, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to Section 482 of the BNSS and Section 438(2) of the CrPC, and clarified that the order was limited to bail and not a determination on the merits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and the Code of Criminal Procedure
  • Whether the petitioner’s clean antecedent and the victim’s statement justify granting bail despite the seriousness of the kidnapping allegation

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • minor victim
  • clean antecedent
  • Bharatiya Nyaya Sanhita
  • CrPC
  • Section 482
  • Section 438
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.40380 of 2026
                     Arising Out of PS. Case No.-375 Year-2024 Thana- LADANIA District- Madhubani
                 ======================================================
                 Ramesh Mandal @ Ramesh Kumar Mandal S/o Mishri Mandal Resident of
                 Village - Gidhawas, Ward No. 10, P.S - Ladaniya, District - Madhubani


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


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Ashad, Advocate
                 For the State           :        Mr.Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-07-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                  2. The petitioner apprehends arrest in connection

                   with Ladaniya P.S. Case No. 375 of 2024 instituted under

                   Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita.

                                  3. As per the prosecution case, the petitioner along

                   with other accused persons are said to have kidnapped the

                   minor victim girl.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The petitioner has no concern with the alleged occurrence
Patna High Court CR. MISC. No.40380 of 2026(2) dt.07-07-2026
                                            2/3




          and has been implicated in this case merely on suspicion and

          the petitioner is only a co-villager. The petitioner has no

          criminal antecedent. Learned counsel further submits that the

          victim girl in her statement recorded under Section 183 BNSS

          has stated that she had married co-accused Jairam Mandal and

          the aforesaid co-accused has been granted bail by this Court

          vide order dated 28.04.2026 passed in Cr. Misc. No. 27633 of

          2026

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the fact that the petitioner is a co-

          villager having clean antecedent and considering the statement

          of the minor victim girl, this application is allowed.

                       7. Accordingly, in the event of arrest or surrender

          before the Court below within six weeks from today, the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned SDJM,

          Madhubani/ concerned Court below in connection with

          Ladaniya P.S. Case No. 375 of 2024, subject to the conditions

          laid down in Section 482 of the BNSS/ 438(2) of the Code of

          Criminal Procedure, 1973.
           Patna High Court CR. MISC. No.40380 of 2026(2) dt.07-07-2026
                                                       3/3




                                  8. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                      (Sandeep Kumar, J)

P. Kumar

U     T


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