Patna High Court
Shatrudhan Manjhi @ Shatrudhan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that bail should be granted to the petitioners, subject to strict conditions, as the injuries were simple and there was no indication of flight risk or evidence tampering.
Summary
The petitioners, three residents of Mastipur village, sought bail in a case registered under multiple sections of the Indian Penal Code for an alleged attempted kidnapping and assault. They claimed innocence, stating the allegations were vague, the injuries to the victim were minor, and they had no criminal record. The State opposed the bail application. The court considered the nature of the injuries, the seriousness of the charges, and the petitioners' antecedents, and decided to grant bail with a bond of Rs.10,000 each and two sureties, subject to conditions under Section 482(2) of the CrPC and additional safeguards. The conditions include appearance before the trial court, non‑interference with witnesses, and refraining from further offences. The bail order was issued pending the petitioners' surrender or arrest within six weeks.
Issues considered
- Whether bail should be granted to the accused despite charges of kidnapping, assault, and other serious offences under the IPC.
- Whether the minor nature of the victim's injuries justifies the grant of bail.
- Whether the petitioners pose a risk of tampering with evidence or fleeing, warranting denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 323, 34, 341, 342, 379, 504, 506
Subjects
- bail
- kidnapping
- assault
- Indian Penal Code
- Criminal Procedure Code
- injury report
- false implication
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89599 of 2025
Arising Out of PS. Case No.-839 Year-2023 Thana- BODHGAYA District- Gaya
======================================================
1. Shatrudhan Manjhi @ Shatrudhan Kumar S/O Ore Manjhi R/O Village-
Mastipur, P.S- Bodhgaya, Distt.- Gaya.
2. Dhiraj Manjhi @ Dhiraj Kumar S/O Basudeo Manjhi R/O Village- Mastipur,
P.S- Bodhgaya, Distt.- Gaya.
3. Krish Manjhi @ Krish Kumar S/O Basudeo Manjhi R/O Village- Mastipur,
P.S- Bodhgaya, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Bodhgaya P.S. Case No.839 of 2023 dated
01.11.2023, registered for the offence punishable under Sections
341, 342, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.
3. As per the FIR, when the informant’s son went to
meet his friend, 15 persons approached him and attempted to
kidnap him. They assaulted the informant’s son with fists and
slaps, as a result of which he sustained injuries.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.89599 of 2025(3) dt.23-02-2026
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the petitioners are innocent and have been falsely implicated in
the present case. The allegations levelled against the petitioners
are general and omnibus in nature. As per the injury report, the
injuries sustained by the injured person are simple in nature, as
no bony lesion was found and the CT scan of the brain shows no
fracture. Lastly, it is submitted that the petitioners have no
criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
6. Considering that the injury sustained by the
injured is simple in nature, let the above named petitioners, be
released on bail, in the event of their 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) each with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Gaya/ Successor Court in
connection with Bodhgaya P.S. Case No.839 of 2023, subject to
the conditions as laid down under Section 482(2) of the BNSS
as well as the following conditions:
(i) One of the bailors should be the family
member/relative/ known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
Patna High Court CR. MISC. No.89599 of 2025(3) dt.23-02-2026
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(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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