Patna High Court

Manoj SahaniversusThe State of Bihar

Decided: 31 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, Manoj Sahani.

Summary

Manoj Sahani, the father of the main accused Santosh Sahani, applied for regular bail in a case registered under Sections 140(3) and 3(5) of the Bharatiya Nyaya Sanhita for alleged abduction and confinement of a girl. The victim’s statement under Section 183 of the BN.S implicated Santosh Sahani primarily, alleging a consensual relationship, a monetary transaction, and that the petitioner’s involvement was limited to accompanying his son. The petitioner’s counsel argued that there is no direct allegation against him, he has no criminal antecedents, and he has been in judicial custody since 14‑08‑2025. The State’s Additional Prosecutor opposed bail, contending the petitioner’s participation in the alleged crime. After considering the facts, the court found insufficient grounds to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, directing compliance with the A.C.J.M.‑IXth, Muzaffarpur (East).

Issues considered

Whether the petitioner, Manoj Sahani, is entitled to regular bail under the Bharatiya Nyaya Sanhita despite allegations of involvement in the abduction.
Whether the victim’s statement under Section 183 creates a sufficient basis to deny bail to the petitioner.

Legislation cited

Bharatiya Nyaya Sanhita — s. 140(3), 183, 3(5)

Subjects

regular bail
criminal procedure
Bharatiya Nyaya Sanhita
abduction
kidnapping
victim statement
father of accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84175 of 2025
                   Arising Out of PS. Case No.-128 Year-2025 Thana- BOCHAHAN District- Muzaffarpur
                 ======================================================
                 Manoj Sahani S/o Ramchandra Sahani R/O Village - Sarvanichak, P.o-
                 Bochaha, P.s- Bochaha, District - Muzaffarpur
                                                                   ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Chandra Shekhar Anand, Advocate
                 For the Opposite Party/s :      Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 140(3) and

                   3(5) of the Bharatiya Nyaya Sanhita (in short ‘B.N.S.’).

                                3.    The case of the prosecution, in short, is that

                   Santosh Sahani and the petitioner who is father of Santosh

                   Sahani have abducted the daughter of the informant. During

                   course of investigation the victim was recovered and she has

                   given her statement under Section 183 of the BNSS wherein she

                   has stated that she was on talking terms with Santosh Sahani. It

                   has further been stated that he has taken Rs.2,80,000/- from her

                   and has promised to marry her. She has stated that one year ago

                   she has gone with Santosh Sahani to Patna and Champaran
Patna High Court CR. MISC. No.84175 of 2025(4) dt.31-01-2026
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          where they established consensual physical relationship. It is

          further alleged that Santosh Sahani along with the petitioner

          arrived at her house while she was sleeping and took her to

          Muzaffarpur and then to Delhi where she was kept in a room.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence.

          Learned counsel for the petitioner has further submitted that

          from perusal of the statement of the victim under Section 183 of

          the BNSS it is clear that main thrust of allegation is against

          Santosh Sahani. Learned counsel for the petitioner has

          submitted that there is no allegation against this petitioner and

          he has been made accused only because he is father of main

          accused Santosh Sahani. Learned counsel for the petitioner has

          submitted that the petitioner is having no criminal antecedent

          and he is in judicial custody since 14.08.2025.

                       5. Learned Additional Prosecutor for the State has

          vehemently opposed the bail application of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Bochaha P.S. Case No. 128 of 2025 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two
            Patna High Court CR. MISC. No.84175 of 2025(4) dt.31-01-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of learned

                      A.C.J.M.-IXth, Muzaffarpur (East).



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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