Manish Kumar @ Sikandar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28461 of 2025 Arising Out of PS. Case No.-258 Year-2024 Thana- SURYAGARHA District- Lakhisarai ====================================================== Manish Kumar @ Sikandar Mandal, aged 23 Years (male), Son of Umesh Mandal, Resident of village- Ratnupur, Post- Alinager, Police StationSuryagarha , Dist - Lakhisarai , Bihar - 811106 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sanjeev Kumar S/o Shivnandan Prasad R/o vill - Ratnupur, Post - Alinagar, P.S. - Suryagarha, Distt.- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Minakshi Kumari, Advocate For the Opposite Party/s :
Mr. Binod Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-08-2025 Heard Mrs. Minakshi Kumari, learned counsel appearing on behalf of the petitioner and Mr. Binod Kumar, learned APP for the State.
2. Petitioner seeks regular bail in connection with Suryagarha P.S. Case No. 258 of 2024 registered for offences punishable under Sections 137(2) and 140(3) of the B.N.S.
3. As per the allegation made in the FIR, petitioner along with other accused persons, had kidnapped the niece of the informant.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that
Patna High Court CR. MISC. No.28461 of 2025(3) dt.06-08-2025 2/3 the petitioner and the niece of the informant, who were in love relationship, have performed marriage with each other and are living together. On the date of marriage, the niece of the informant had attained majority. Petitioner is aged about 23 years and is an emerging adult. Petitioner has clean antecedent and he is in custody since 02.03.2025. On these grounds, petitioner seeks to be released on bail.
5. Learned A.P.P., for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that the petitioner and the niece of the informant, who were in love relationship, have performed marriage with each other and are living together. On the date of marriage, the niece of the informant had attained majority. Petitioner is aged about 23 years and is an emerging adult. Petitioner has clean antecedent and he is in custody since 02.03.2025. I am of the opinion that petitioner has, prima facie, made out a case to be released on bail.
7. The learned District Court is directed to release the petitioner, above named, on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief
Patna High Court CR. MISC. No.28461 of 2025(3) dt.06-08-2025 3/3 Judicial Magistrate, Lakhisarai, in connection with Suryagarha P.S. Case No. 258 of 2024 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(v) The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T