Patna High Court
Chandan Manjhi @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and the conditions imposed by the court.
Summary
Chandan Manjhi was arrested on 30 June 2025 in connection with a kidnapping case under Sections 96 and 3(5) of the Bihar Narcotic Substances Act, 2023, alleging that he abducted the minor daughter of the informant. The petitioner contended that the FIR was fabricated, that he was in a consensual relationship with the victim, that they had married, and that the child born on 12 January 2026 confirmed the marriage. The informant’s counsel corroborated that the victim was living with the petitioner as his wife. The court noted the petitioner’s clean antecedent and the lack of substantive evidence of a kidnapping. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the kidnapping allegations under Sections 96 and 3(5) of the BNS, 2023
- Whether the FIR constitutes a false or fabricated charge
- Whether the petitioner’s clean antecedent warrants bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 96
Subjects
- bail
- kidnapping
- false FIR
- marriage
- clean antecedent
- Criminal Procedure Code
- Section 96 BNS
- Section 3(5) BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82797 of 2025
Arising Out of PS. Case No.-10 Year-2025 Thana- MOHANPUR District- Gaya
======================================================
Chandan Manjhi @ Chandan Kumar Son of Indrajit Manjhi Resident of
Village- Dema, P.S.- Mohanpur, District- Gayaji
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rambali Das S/o Late Ram Prasad Ram Resident of Village- Dema, P.S.-
Mohanpur, District- Gayaji
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh,Advocate
For the Opposite Party/s : Mr.Yogendra Kumar,APP
For the informant : Ms. Swati Parmar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr.Arvind Kumar Singh, learned counsel for
the petitioner, Ms. Swati Parmar, learned counsel for the
informant and Mr.Yogendra Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
30.06.2025 in connection with Mohanpur P.S. Case No. 10 of
2025, F.I.R. dated 09.01.2025 registered for the offence
punishable under Sections 96 and 3(5)of BNS,2023.
3. Allegation against the petitioner is that he
alongwith other co-accused persons having common intention
have kidnapped the minor daughter of the informant.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.82797 of 2025(3) dt.27-01-2026
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submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. In fact the
petitioner was in love with the victim girl. The petitioner and
victim have performed the marriage, now the victim is living in
the house of the petitioner as his wife and she has blessed with a
male child on 12.01.2026. The police, after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 30.06.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State have supported the contention of the
petitioner and learned counsel for the informant has submitted
that the victim is living in the house of the petitioner as his wife.
6. Considering the aforesaid facts and petitioner has
clean antecedent, 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 A.C.J.M.-II, Sherghati, Gayaji in connection with
Mohanpur P.S. Case No. 10 of 2025, 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
Patna High Court CR. MISC. No.82797 of 2025(3) dt.27-01-2026
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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
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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