Patna High Court
Sukhlal ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that bail should be granted to the petitioner, subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Sukhlal Manjhi, was implicated in a 2004 kidnapping and ransom case under Sections 365 and 34 of the Indian Penal Code, alleged to have abducted the minor daughter of the complainant and demanded Rs.50,000. He contended that he was falsely implicated, asserting that he is married to the victim, has no criminal antecedent, and was unaware of the alleged crime. The State opposed his bail application, while the petitioner’s counsel argued for his innocence and clean record. The court, after considering the nature of the allegations, the petitioner’s clean antecedent, and the submissions of both sides, ordered that the petitioner be released on bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order reflects the court’s discretion to grant bail in view of the petitioner’s circumstances and the statutory provisions.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail to a petitioner accused under Sections 365 and 34 of the IPC?
- Whether the petitioner’s clean antecedent and claim of false implication justify bail despite the seriousness of the kidnapping allegation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 34, 365
Subjects
- bail
- kidnapping
- IPC
- Section 365
- Section 34
- Bharatiya Nagarik Suraksha Sanhita
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6343 of 2026
Arising Out of PS. Case No.-725 Year-2004 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Sukhlal Manjhi S/O Butai Manjhi R/O Village- Pir Bigha, Police Station-
Belaganj, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Krishna Chaudhary S/O Late Raju Chaudhary R/O Village- Pir Bigha, P.S-
Belaganj, Distt.- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 01-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 365 and 34 of the Indian Penal Code.
3. It is alleged that, petitioner and other co-accused
persons kidnapped the minor daughter of the complainant/O.P.
No. 2 and also demanded ransom of Rs.50,000/- from the
complainant.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to oblique reason.
Further submission is that victim and the petitioner have
Patna High Court CR. MISC. No.6343 of 2026(4) dt.01-04-2026
2/2
solemnized marriage and both are living happily as husband and
wife. Petitioner had no knowledge about the present case.
Petitioner has got no criminal antecedent and he undertakes to
cooperate in the trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation and clean antecedent of the petitioner, let the above
named petitioner be released on bail, in the event of arrest or
surrender before the learned court below within a period of six
weeks from today, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate-I, Gaya in
connection with Complaint Case No. 725 of 2004, subject to the
conditions as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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