Patna High Court
Kapil Manjhi @ Kapil Kumar @ Gadar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bond and sureties under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Kapil Manjhi, sought anticipatory bail after being implicated in a kidnapping case involving the minor daughter of an informant. The prosecution alleged that the co‑accused, Chhotu Manjhi, abducted the child and that the petitioner, being a family member, assisted in the crime. The victim later gave a statement under section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) stating she had voluntarily gone with the petitioner to Tamil Nadu, married him, and bore a child, thereby denying any kidnapping. The petitioner contended he had no involvement, possessed a clean antecedent, and was being framed due to his familial ties. Considering the victim’s statement, the petitioner’s clean record, and the lack of substantive evidence, the court granted anticipatory bail subject to a bond of Rs 10,000 and two sureties, with conditions under section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail is warranted in a case where the petitioner is alleged to have assisted in kidnapping
- Whether the victim’s voluntary statement under section 183 BNSS negates the prosecution’s case
- Whether the petitioner’s clean antecedent and lack of direct evidence justify bail under section 482(2) BNSS
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 137(2), 140(3), 183, 3(5), 482(2), 96
Subjects
- anticipatory bail
- kidnapping
- victim statement
- clean antecedent
- section 482(2) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29101 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
Kapil Manjhi @ Kapil Kumar @ Gadar Manjhi S/o Late Ram Chandra
Manjhi R/o Village - Dakhingapm, Tola- Gadhwa, P.S - Wagirganj, District
-Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nand Kishore Prasad Sinha, Advocate
For the Opposite Party/s : Mr. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 25-06-2026 Heard learned counsel for the petitioner and the
State .
Earlier the prayer for anticipatory bail of petitioner
was rejected
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 137(2), 140(3), 96
and 3(5) of BNS.
3 . The prosecution case in brief, is that on 04.03.2025
at about 11:00 AM, minor daughter of informant went to market
but she did not return . During search, informant came to know
that co-accused Chhotu Manji @ Gadar Manji kidnapped the
victim. It is further alleged that when informant went to the
house of accused persons to inquire about the incident, he came
Patna High Court CR. MISC. No.29101 of 2026(3) dt.25-06-2026
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to know that co-accused Chhotu Manjhi is traceless for the last
4 to 5 days. Informant believes that these petitioners assisted co-
accused Chhotu Manjhi in kidnapping of his minor duaghter.
4. It is submitted on behalf of the petitioners that
petitioner is innocent and has committed no offence as alleged.
Petitioners have been made accused in this case because they
are family members of co-accused Chhotu Manjhi, who
allegedly kidnapped the daughter of informant. During
investigation, victim was recovered and her statement was
recorded under section 183 of BNSS in which she denied the
factum of kidnapping and categorically stated that she on her
own volition had gone with this petitioner to Tamil Nadu and
thereafter, both of them solemnized marriage and living together
as husband and wife and out of wedlock she gave birth to one
child aged about 2 months. Petitioners claim clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
Patna High Court CR. MISC. No.29101 of 2026(3) dt.25-06-2026
3/3
like amount each to the satisfaction of the learned Judicial
Magistrate, First Class, Gaya in connection with Wagirganj P.S.
Case No. 153 of 2025, subject to the conditions laid down
under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita
, 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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