Patna High Court
Manish Kumar Mandal @ ManiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
Manish Kumar Mandal was arrested on 20 June 2025 in connection with a police case involving alleged assault, threats and offences under the Bharatiya Nyay Sanhita, 2023 (Sections 96, 352, 3(5)) and Section 4 of the POCSO Act. The prosecution alleged that Mandal, along with co‑accused, abused and threatened the informant when they visited Rahul Mandal’s house. The petitioner contended that he has a clean antecedent, was falsely implicated, and that the victim’s statement under Section 183 of the BNSS did not accuse him of sexual assault, only implicating Rahul Mandal. The court noted that a similarly situated co‑accused had been granted anticipatory bail and that the petitioner’s clean record warranted relief. Accordingly, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the Bharatiya Nyay Sanhita and the POCSO Act.
- Whether the absence of a sexual assault allegation against the petitioner in the victim’s statement justifies bail.
- Whether the grant of anticipatory bail to a co‑accused influences the bail decision for the petitioner.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 183, 3(5), 352, 96
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- bail
- Bharatiya Nyay Sanhita
- POCSO Act
- false implication
- clean antecedent
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52962 of 2025
Arising Out of PS. Case No.-407 Year-2024 Thana- BANKA District- Banka
======================================================
Manish Kumar Mandal @ Maniya S/o Matru Mandal R/o Village- Lakrikola,
P.S- Banka, District - Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Murshid Ansari S/o Ayub Ansari R/o Village- Lakrikola, P.S - Banka ,
District- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 17-03-2026 Despite valid service of notice, no one appeared on
behalf of Opposite Party No.2.
2. Heard Mr. Ajay Mukherjee, learned counsel for
the petitioner as well as Mr. Satyendra Narayan Singh,learned
Additional Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
20.06.2025 in connection with Banka P.S. Case No. 407 of
2024, F.I.R. dated 01.10.2024 for the offences punishable under
Sections 96, 352, 3(5) of the Bharatiya Nyay Sanhita, 2023 and
Section 4 of POCSO Act.
4. Accordingly to the prosecution case, it is alleged
that when the informant along with his other relatives went to
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the house of one Rahul Mandal, to enquire about his daughter,
then the petitioner along with other co-accused person abused
them and also threatened them of dire consequences.
5. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. Infact the victim was in
love with the said Rahul Mandal and petitioner has been made
accused merely on the ground that he is the friend of Rahul
Mandal and the statement of the victim was recorded under
Section 183 BNSS in which she stated that the petitioner along
with Rahul Mandal have kidnapped her but she has not stated
anything about sexual assault against the petitioner and she has
stated that Rahul Mandal had committed rape upon her and
another co-accused, namely Om Prakash Rajak @ Golu @
Goloo has been granted the privilege of anticipatory bail by co-
ordinate Bench of this Court vide order dated 21.01.2026 in Cr.
Misc. No. 69678 of 2025. He further submits that the police
after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 20.06.2025.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
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7. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and similarly situated co-accused
has been granted the privilege of anticipatory bail by co-
ordinate Bench of this Court and victim has not stated anything
about the sexual assault against the petitioner in her statement
recorded under 183 BNSS, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-VI-cum-
Special Judge. POCSO, Banka in connection with Banka P.S.
Case No. 407 of 2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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