Patna High Court
Manjay Thakur @ Manjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted in the present circumstances.
Summary
Manjay Thakur was arrested in connection with a kidnapping case where the informant alleged that the petitioner abducted his 14‑year‑old daughter. The daughter later returned and gave a statement under Section 164 of the Criminal Procedure Code, not supporting the prosecution's version. The petitioner applied for regular bail under Sections 96 and 3(5) of the Bhartiya Nyay Sanhita, 2023, claiming he had been in custody since May 20, 2025. The State opposed the bail, noting that the trial had already proceeded with examination of four non‑official witnesses. Considering the seriousness of the offence, the minor victim’s age, and the progress of the trial, the High Court rejected the bail application and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case involving a minor under the Bhartiya Nyay Sanhita, 2023.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 3(5), 96
- Code of Criminal Procedure, 1973 — s. 164
Subjects
- bail
- kidnapping
- minor
- Criminal Procedure Code
- Bhartiya Nyay Sanhita
- trial acceleration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77371 of 2025
Arising Out of PS. Case No.-173 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
Manjay Thakur @ Manjay Kumar S/o Babu Saheb Thakur R/o Village -
Deorh, Ward No. 3, Ghoghardiha, P.S - Ghoghardiha, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kedar Jha, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ghanshyampur P.S.
Case no. 173 of 2025 registered under sections 96 and 3(5) of
the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution case, the informant states
that his minor daughter was kidnapped by the petitioner with ill
intentions.
4 Learned counsel for the petitioner submits that the
daughter of the informant returned and her statement was
recorded under section 164 Cr.P.C. She has not supported the
prosecution case as stated in the FIR. The petitioner is in
custody since 20.5.2025. As such it is submitted that the
petitioner be enlarged on bail.
Patna High Court CR. MISC. No.77371 of 2025(4) dt.11-02-2026
2/2
5. The application for bail is opposed by learned APP
for the State and learned a counsel for the informant. It is
submitted by learned counsel for the informant that the trial has
proceeded and the four non-official witnesses have been
examined in course of trial.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the age of
the victim being 14 years and the trial having proceeded in the
learned trial Court with four witnesses having been examined,
the Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Bibhash
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