Patna High Court
MANISH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 140(2), 3(5)
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
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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
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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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