Patna High Court
Vijay ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 364A
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
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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-
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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
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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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