Patna High Court
Ramesh Mandal @ Ramesh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 137(2), 183, 3(5), 482, 96
- Criminal Procedure Code — s. 438(2)
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
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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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