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Patna High Court

Manoj Kumar @ ManojversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to stringent conditions.

Summary

Manoj Kumar and Shatrudhan Prasad Singh sought anticipatory bail fearing arrest in a kidnapping case (sections 140(3) and 61(2) of the BNS) arising from PS Chanan Case No. 82 of 2025. The prosecution alleged the boy was kidnapped for ransom, leading to an FIR. The petitioners argued that the matter had been amicably settled, they had no criminal antecedent, and submitted a petition signed by the informant confirming settlement. The State opposed the bail, maintaining that the kidnapping allegation remained. Considering the petitioners' clean record, the settlement claim, and the presence of a petition, the Court granted anticipatory bail under Section 438(2) of the Cr.P.C. with specific conditions regarding sureties, appearance before the trial court and police, and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438 Cr.P.C. in a kidnapping case despite the FIR.
  • Whether the claim of amicable settlement and lack of criminal antecedent justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • Section 438
  • Criminal Procedure Code
  • Bihar
  • bail conditions
  • no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89917 of 2025
                      Arising Out of PS. Case No.-82 Year-2025 Thana- CHANAN District- Lakhisarai
                 ======================================================
           1.     Manoj Kumar @ Manoj S/O Shatrudhan Singh R/o vill.- Shringaarpur, P.S.-
                  Suajgarha, Distt- Lakhisarai
           2.    Shatrudhan Prasad Singh S/O late Jhingan Singh R/o vill.- Shringaarpur,
                 P.S.- Suajgarha, Distt- Lakhisarai

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jyoti Ranjan Jha, Adv.
                                                  Ms. Shrishti Rani, Adv.
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   28-01-2026                      Heard Ms. Shrishti Rani, learned Counsel for the

                   petitioners and learned APP for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Chanan P.S. Case No. 82 of 2025 for the offence registered

                   under sections 140(3) and 61(2) of BNS.

                                 3. As per the prosecution story, the informant alleged

                   that her son went to the school but failed to return. Later, came the

                   telephone that the amount his father has taken has to be returned or

                   the boy will be killed. This followed the FIR.

                                 4. Learned Counsel for the petitioners submit that only

                   on suspicion that her son has been kidnapped, the FIR. Though

                   the boy who returned subsequently also made allegation, since

                   they are close to each other, good sense prevailed upon them and
Patna High Court CR. MISC. No.89917 of 2025(2) dt.28-01-2026
                                            2/3




          they have already preferred a petition dated 18.09.2025 that they

          have amicably settled the matter. The last submission is that both

          the father-son do not have criminal antecedent.

                       5. Learned APP for the State, on the other hand, opposes

          the prayer for anticipatory bail submitting that allegation of

          kidnapping is against these petitioners.

                       6. Considering the submissions of the parties as also the

          fact that these petitioners have no criminal antecedent, a petition is

          there on record having signatures of the informant to show that

          they have amicably settled the matter, case is there, the petitioners

          will be facing the music, in that background, this Court is inclined

          to grant them the anticipatory bail with conditions.

                       7. Let the petitioners in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the order,

          shall be released on anticipatory bail on furnishing bail of Rs.

          10,000/- (ten thousand) each with two sureties of the like amount

          each to the satisfaction of the learned ACJM-1st, Lakhisarai in

          connection with Chanan P.S. Case No. 82 of 2025 subject to

          condition as laid down under Section 438(2) of the Cr.P.C.

                       (i)   one    of    the     bailor   should   be   the   family

          members/relatives of the petitioners, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID) to

          show his bona fide;
           Patna High Court CR. MISC. No.89917 of 2025(2) dt.28-01-2026
                                                       3/3




                                  (ii) the petitioners 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 bail

                     bond by the Trial court itself;

                                  (iii) the petitioners shall appear before the concerned

                     police station every month for next six months to mark attendance

                     and at the end of the period, the certificate be submitted to the

                     Court;

                                  (iv) the petitioners 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;

                                  (v) the petitioners shall desist from committing any

                     criminal offence again failing which the State shall be at liberty to

                     take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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