Patna High Court
Manoj Kumar @ ManojversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Negotiable Substances Act — s. 140(3), 61(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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(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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