Patna High Court

Vijay Manjhi @ Vijay KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: DISPOSED
Bench: SANDEEP KUMAR

Holding

Bail may be conditionally granted only if the victim’s statement under Section 183 BNSS confirms the alleged affair; otherwise the petitioners must surrender for regular bail.

Summary

Vijay Manjhi and Chhotu Manjhi sought relief fearing arrest in a case (P.S. Case No. 331 of 2024) filed under Section 96 of the Bharatiya Nyaya Sanhita. They claimed that the alleged victim had eloped with them, and argued that the victim’s statement had not been properly considered. The court noted that the victim’s statement recorded under Section 183 BNSS must be examined by the lower court. It disposed of the bail application, allowing the petitioners to approach the lower court again to have the victim’s statement considered. If the victim confirms the affair, the petitioners may obtain bail on furnishing Rs.10,000 bonds with two sureties each, subject to Section 482 BNSS and Section 438(2) CrPC; otherwise, the bail bonds will not be accepted and the petitioners must surrender for regular bail.

Issues considered

Whether bail can be granted in a case instituted under Section 96 BNSS pending trial
Whether the victim’s statement under Section 183 BNSS is a prerequisite for granting bail
Whether the court may condition bail on the victim’s corroboration of the alleged affair

Legislation cited

Bharatiya Nyaya Sanhita — s. 183, 482, 96
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
criminal procedure
Section 96 BNSS
Section 183 BNSS
Section 482 BNSS
Section 438 CrPC
elopement
victim statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 89993 of 2025
                     Arising Out of PS. Case No.-331 Year-2024 Thana- KHIJARSARAI District- Gaya
                 ======================================================
           1.     Vijay Manjhi @ Vijay Kumar S/O Bindeshwar Manjhi Resident of Village-
                  Shanti Nagar, P.S. Khizarsarai, District- Gaya (Bihar).
           2.    Chhotu Manjhi @ Chhotu Kumar S/O Late Ramjatan Manjhi Resident of
                 Village- Shanti Nagar, P.S. Khizarsarai, District- Gaya (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar Sharma, Advocate
                 For the Opposite Party/s :      Mr.Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend arrest in connection

                   with Khizarsarai P.S. Case No. 331 of 2024 instituted under

                   Sections 96 of the Bharatiya Nyaya Sanhita.

                                3. Learned counsel for the petitioners submits that

                   the petitioners and the victim were in a relationship and the

                   victim had eloped with the petitioners.

                                4. The statement of the victim has not been properly

                   discussed in the impugned order.

                                5. This application is disposed of with liberty to the

                   petitioners to approach the concerned Court below again and
           Patna High Court CR. MISC. No. 89993 of 2025(2) dt.04-02-2026
                                                       2/2




                     the concerned Court below will thereafter consider the

                     statement of the victim girl recorded under Section 183 of the

                     BNSS. If the victim girl accepts the fact about her affair and

                     elopement with the petitioners then in the event of arrest or

                     surrender before the Court below within six weeks from today,

                     the petitioners, above named, be released on bail upon

                     furnishing bail bonds of Rs.10,000/- (ten thousand) each with

                     two sureties of the like amount each to the satisfaction of the

                     learned Judicial Magistrate-1st Class, Gaya/ concerned Court

                     in connection with Khizersarai P.S. Case No. 331 of 2024,

                     subject to the conditions laid down in Section 482 of the

                     BNSS/ 438(2) of the Code of Criminal Procedure, 1973.

                                  6. It is made clear that if the victim does not support

                     the fact of affair and elopement then the bail bonds of the

                     petitioners shall not be accepted and in that event, the

                     petitioners shall surrender and pray for regular bail.


                                                                           (Sandeep Kumar, J)

P. Kumar

U     T

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