Patna High Court
Pradip MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Pradip Mandal and Lailun Devi, sought anticipatory bail after being implicated in a kidnapping case (Case No. 110 of 2025) under Sections 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the informant’s minor daughter was abducted by Vinod Mandal and Raushal Kumar, and that the petitioners had abused and threatened the informant when he approached their house. The petitioners contended they are innocent, have no specific kidnapping charge against them, and have no criminal antecedent, noting that a co‑accused had already been granted regular bail. The State opposed the bail application. The Court, after considering the facts, granted anticipatory bail subject to a bond of Rs. 15,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegations of kidnapping and intimidation justify denial of bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be invoked to grant anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 87
Subjects
- anticipatory bail
- kidnapping
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44948 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
1. Pradip Mandal S/o- Rajendra Mandal Vill - Rustampur, P.S - Kawakole, Dist
- Nawada
2. Lailun Devi W/o- Pradip Mandal Vill - Rustampur, P.S - Kawakole, Dist -
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
For the Informant : Mr. Sheo Kumar Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 05-02-2026 Heard learned counsel for the petitioners, learned
APP for the State, learned counsel for the informant and perused
the case diary.
2. The petitioners apprehend arrest in Kawakole P.S.
Case No. 110 of 2025, registered under Sections 87 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that minor
daughter of the informant went missing after going to the field,
and she learnt that Vinod Mandal and Raushal Kumar had taken
her away on a motorcycle with support of Vinod’s family
members. When the informant approached their house, the
petitioners abused, threatened and attempted to assault her.
Patna High Court CR. MISC. No.44948 of 2025(4) dt.05-02-2026
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4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. Learned counsel for the petitioners also submitted
that the petitioners are father and mother of co-accused Vinod
Mandal. No specific allegation of kidnapping has been
attributed against the petitioners rather the same is general and
omnibus in nature. It is next submitted that there was love affair
between co-accused and daughter of the informant. The
petitioners have got no criminal antecedent. Learned counsel for
the petitioners further submitted that other co-accused has been
granted regular bail by this Court vide order dated 22.09.2025
passed in Cr. Misc. No. 44414 of 2025.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named in the event of arrest/surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kawakole P.S. Case
Patna High Court CR. MISC. No.44948 of 2025(4) dt.05-02-2026
3/3
No. 110 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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