Patna High Court
Ajay Kumar @ Ajay Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners subject to a bond of Rs.10,000 each with two sureties and compliance with Section 482 of the B.N.S.
Summary
The petitioners Ajay Kumar, Pinku Roy and Kishor Kumar sought bail after an FIR was lodged under several offences of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) relating to alleged kidnapping, forced signing of a document, theft of jewellery and cash, and land‑related violence. According to the FIR, the informant was abducted, intoxicated and compelled to sign a stamp paper, after which his valuables were stolen. The petitioners contend that the informant had taken a large advance for a land sale, refused to execute the deed and fabricated the complaint to pressure them, and that a compromise was subsequently reached. They argued that the FIR was filed after an inordinate delay of eleven days, rendering the prosecution case doubtful. The State opposed the bail application. The Court, after considering the compromise and the circumstances, allowed bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482 of the B.N.S. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether bail should be granted to the petitioners under the provisions of the Bharatiya Nagarik Suraksha Sanhita in view of the seriousness of the alleged offences
- Whether the existence of a compromise between the parties affects the grant of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 123, 126(2), 127(2), 303(2), 318(4), 319(2), 3(5), 482
Subjects
- bail
- kidnapping
- land dispute
- false FIR
- compromise
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5494 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- Mufassil District- Purnia
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1. Ajay Kumar @ Ajay Kumar Mandal S/o- Pradeep Roy @ Pradeep Mandal
Village- Durgapur Ranipatra PO PS- Mufassil Dist- Purnea
2. Pinku Roy @ Pinku Kumar @ Pappu Kumar S/o- Muneshwar Ray @ Minna
Roy @ Bhuneshwar Roy @ Munna Roy R/v- Satdiv, Ranipatra Po Ps-
Muffasil, Ranipatra, Dist- Purnea
3. Kishor Kumar @ Kishore Kumar Sah S/o- Yogendra Prasad Sah @
Yogendra Sah R/v- Belauri Po- Belauri Ps- Muffasil Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kanishka Shankar, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 126(2), 127(2), 123,
318(4), 319(2), 303(2), 3(5) of the B.N.S.
3. As per FIR, informant owns six decimals of land
near Satdom Chowk. Certain local persons are stated to have
wrongfully occupied the said land. On 04.08.2025 at about 1
am, petitioner no.1 taking advantage of old acquaintance, called
informant near his house and made him sit on his motorcycle.
He took informant towards Sardiam Bypass Road where a black
Scorpio vehicle, carrying about five to six
Patna High Court CR. MISC. No.5494 of 2026(2) dt.04-02-2026
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persons, was already parked. According to the informant, among
the occupants he identified Thichak Rai, Bhunna Rai, Kishore
Kumar (petitioner no.3) and Rahul Kumar Mandal, while the
other persons could not be identified. They allegedly forced the
informant to sit into the Scorpio and took him to an isolated
place. During this period, they administered some intoxicants
due to which he lost consciousness. While in an unconscious or
semi-conscious state, he was compelled to sign on a stamp
paper. Late at night, his brother and family members recovered
him near Chorghat Bailey Bridge and took him home for
treatment. After regaining consciousness, he discovered that his
gold chain, gold ring and Rs. 5,500 in cash were missing.
4. Learned counsel appearing for the petitioners
submits that informant had taken huge advance and was
unwilling to execute the sale deed or return the money, he
lodged this case with false and concocted story to pressurize the
petitioners. F.I.R. has been lodged after inordinate delay of 11
days without any explanation which renders the entire
prosecution case doubtful. It is further submitted that
subsequent to lodging of the FIR, good sense prevailed and
parties entered into a compromise and compromise petition has
also been filed in the court below vide annexure P/3.
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5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the facts of the case, prayer for bail of
these petitioners is allowed. In the event of arrest/surrender
within a period of eight weeks from today, let these petitioners,
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the District and Additional
Sessions Judge XIV, Purnea in Muffasil Police Station Case No.
194/2025, subject to the conditions laid down under section 482
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashi/-
U T
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