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Patna High Court

Vijay ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and conditions.

Summary

Vijay Manjhi was arrested on 18 July 2023 in a kidnapping case (Sections 364A/34 IPC) where the FIR originally named the offender as unknown. During investigation his name was added based on suspicion, but the victim’s statement under Section 164 CrPC did not mention him. The petitioner sought bail, citing that co‑accused Ravi Manjhi and Sanjay Yadav had previously been granted bail by the same court. The State opposed bail, noting three other pending cases, though the petitioner was already on bail in those matters. The court, noting the lack of direct incriminating evidence and the precedent of bail to similarly situated co‑accused, ordered his release on bail with a Rs.10,000 bond and specific conditions.

Issues considered

  • Whether bail should be granted to an accused whose name was added to the FIR later on the basis of suspicion
  • Whether the precedent of bail granted to similarly situated co‑accused warrants bail in the present case

Legislation cited

Subjects

  • bail
  • kidnapping
  • IPC 364A
  • IPC 34
  • Section 164 CrPC
  • high court
  • Patna
  • suspicion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2851 of 2026
                     Arising Out of PS. Case No.-110 Year-2011 Thana- KAUWAKOL District- Nawada
                 ======================================================
                 Vijay Manjhi S/o Ramashish Manjhi R/o Village - Islam Nagar, P.S -
                 Chandradeep, District - Jamui

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vibhuti Ranjan Sonvadra, Advocate
                 For the Opposite Party/s :      Mr.Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   29-04-2026                  Heard Mr.Vibhuti Ranjan Sonvadra,                        learned

                   counsel for the petitioner and Mr.Jai Narain Thakur, learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   18.07.2023 in connection with S.Tr.No. 337/2024 arising out

                   of Kawakol P.S. Case No. 110 of 2011, FIR dated 22.07.2011

                   registered under Sections 364(A)/34 of IPC.

                                3. The FIR of the occurrence of kidnapping is

                   against unknown.

                                4. Learned counsel appearing for the petitioner

                   submits that initially the petitioner was not named in the FIR.

                   The name of the petitioner has been transpired during

                   investigation on the basis of suspicion. Learned counsel for
Patna High Court CR. MISC. No.2851 of 2026(4) dt.29-04-2026
                                            2/4




          the petitioner submits that the victim was recovered and his

          statement was recorded under Section 164 of Cr.P.C in which

          he has not stated anything about the petitioner, apart from

          that, the victim has also refused for T.I.P. and        similarly

          situated co-accused person, namely, Ravi Manjhi has been

          granted bail by a Coordinate Bench of this Hon’ble Court vide

          order dated 03.10.2013 passed in Cr. Misc. No.22049 of 2013

          and similarly situated co-accused person, namely, Sanjay

          Yadav @ Dhaka Pahalwan has also been granted bail by a

          Coordinate Bench of this Hon’ble Court vide order dated

          11.01.2021 passed in Cr. Misc. No.29028 of 2020 and the

          police, after investigation, submitted chargesheet against the

          petitioner and the petitioner is in custody since 18.07.2023.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner carries

          three more cases other than the present one but fairly submits

          that the petitioner is on bail in all the cases, as mentioned in

          para-3 of the bail petition.

                       6. Considering the aforesaid fact, petitioner is not

          named in the FIR, name of the petitioner has been transpired

          during investigation on the basis of suspicion, victim has not

          taken the name of the petitioner and similarly situated co-
Patna High Court CR. MISC. No.2851 of 2026(4) dt.29-04-2026
                                            3/4




          accused persons             have been granted bail by different

          Coordinate Benches of this Hon’ble Court, 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 learned District and

          Additional Sessions Judge-V, Nawada in connection with

          S.Tr.No. 337/2024 arising out of Kawakol P.S. Case No. 110

          of 2011, with 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/her absence on two consecutive dates

          without sufficient reason, his/her 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 criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
               Patna High Court CR. MISC. No.2851 of 2026(4) dt.29-04-2026
                                                           4/4




                         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)
Nitesh/-

U          T


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