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Patna High Court

MANISH KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Manish Kumar was arrested in February 2026 on charges of kidnapping the informant under Sections 140(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed he was innocent, asserting that the alleged kidnapping stemmed from a business dispute between the informant and a third party, and that the victim was later recovered. The State and the informant opposed the bail application, arguing the seriousness of the offence. After considering the submissions and the material on record, the Court allowed the regular bail application. The petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, with the order being limited to the bail matter and not affecting the trial.

Issues considered

  • Whether regular bail should be granted to the accused under Sections 140(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in a kidnapping case.

Legislation cited

Subjects

  • kidnapping
  • regular bail
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40572 of 2026
                         Arising Out of PS. Case No.-45 Year-2026 Thana- JANIPUR District- Patna
                 ======================================================
                 Manish Kumar Son Of Sanjay Kumar Singh @ Sanjay Singh Resident Of
                 Village Kathdumar, P.S.- Simribakhtiyarpur, District - Saharsa At Present
                 Village Kashor, P.S.- Warisnagar, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Diwakar Prasad Singh
                 For the Opposite Party/s :        Mr. Anand Kishore Choudhary
                 For the Informant        :        Mr. Bimlesh kumar pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   29-06-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State and the learned counsel for the

                   informant. The SHO of Janipur Police Station and the I.O. of the

                   case are present.

                                2. The petitioner seeks regular bail in connection with

                   Janipur P.S. Case No. 45 of 2026 registered for the offence

                   under Section(s) 140(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the allegation against

                   the petitioner is of kidnapping the informant-victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence. The

                   petitioner is in custody since 12.02.2026 and has no criminal
Patna High Court CR. MISC. No.40572 of 2026(3) dt.29-06-2026
                                            2/3




          antecedents. It is further submitted that there was a business

          relationship between one Manoj Kumar Singh and the informant

          and when the informant did not pay the amount, the victim was

          called and taken away for settlement of accounts. Thereafter, the

          victim was recovered from the accused persons, including the

          petitioner and the petitioner has been made an accused in the

          present case.

                       5. Learned A.P.P. for the State and the learned counsel

          for the informant have vehemently opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          the submissions of the learned counsel for the petitioner and the

          materials available on record, this application for regular bail is

          allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Janipur P.S. Case

          No. 45 of 2026.

                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations
            Patna High Court CR. MISC. No.40572 of 2026(3) dt.29-06-2026
                                                        3/3




                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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