Patna High Court
Manoj Mandal @ Manoj Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that, on the basis of the case diary confirming the petitioners’ claim that the alleged abduction did not occur, bail was warranted under Section 482 (and Section 438(2)) of the Code of Criminal Procedure.
Summary
Manoj Mandal and Munna Mandal were accused in a 2009 case (Bariyarpur PS No. 100) for alleged abduction of a woman and her child and extortion of Rs 2,80,000, invoking several IPC sections and Section 27 of the Arms Act. The petitioners feared arrest and contended that the victim had voluntarily eloped with a person named Rishi Mandal to Delhi and later returned, indicating that no abduction occurred. They filed an application for bail, asserting that the investigation diary supported their claim. The Court examined the case diary, found the petitioners’ submission corroborated, and applied the provisions of Section 482 of the CrPC (and Section 438(2) for anticipatory bail). Consequently, the Court allowed the bail application, directing release on a bond of Rs 10,000 each with two sureties, subject to the usual conditions. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the petitioners are entitled to bail in the pending criminal proceedings under the IPC and Arms Act provisions
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 34, 354, 363, 364, 380, 406, 504, 511
Subjects
- bail
- anticipatory bail
- abduction
- extortion
- IPC
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83195 of 2025
Arising Out of PS. Case No.-100 Year-2009 Thana- BARIYARPUR District- Munger
======================================================
1. Manoj Mandal @ Manoj Kumar Mandal Son of Chaturbhuj Mandal
Resident of Village -Pairu Mandal Tola, P.S. - Bariyarpur, District - Munger.
2. Munna Mandal @ Guru Sharan Son of Late Mohan Mandal Resident of
Village -Pairu Mandal Tola, P.S. - Bariyarpur, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Sinha, Advocate
Mr. Anjani Kumar Sinha, Advocate
Dr. Suresh Prasad Yadav, Advocate
For the State : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 13-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Bariyarpur P.S. Case No. 100 of 2009 instituted under
Sections 354, 380, 406, 363, 364, 511, 34 and 504 of the Indian
Penal Code and Section 27 of the Arms Act.
3. The petitioners are accused of abducting the victim
along with her child and further took Rs. 2,80,000/-.
4. It has been submitted by learned counsel for the
petitioners that during investigation it has come that that the
victim had eloped with one Rishi Mandal to Delhi and has
returned after some days.
Patna High Court CR. MISC. No.83195 of 2025(5) dt.13-03-2026
2/2
5. I have gone through the case diary. The above
submission of the petitioners is supported in the case diary.
6. Considering the above, this application is allowed.
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.-III, Munger/ concerned Court in connection with
Bariyarpur P.S. Case No. 100 of 2009, subject to the conditions
laid down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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