Patna High Court
Raju RamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that anticipatory bail could not be granted.
Summary
The petitioner, Raju Ram, sought anticipatory bail fearing arrest in a kidnapping case (G.R. No. 4313/2025) involving the alleged abduction of an informant's daughter. The prosecution alleged that the petitioner, along with co‑accused, kidnapped the girl and that the victim has not been recovered. The petitioner claimed innocence, asserted a clean antecedent, and argued that he was falsely implicated. The State opposed bail, noting the victim’s non‑recovery and that a process under Section 82 of the Criminal Procedure Code had already been issued against him. Considering these circumstances, the court declined to grant anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of a kidnapping case where the victim is still missing.
- Whether the issuance of a process under Section 82 CrPC precludes the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- Criminal Procedure Code
- Section 82 CrPC
- B.N.S.
- clean antecedent
- non‑recovery of victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21203 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- JALE District- Darbhanga
======================================================
Raju Ram S/o- Sunil Ram @ Sonfi Ram R/v- Chahuta Ps- Bisfi Dist-
Madhubani, present Add- Vill- Basbari, P.S.- Bisfi, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with G.R. No. 4313/2025, arising out of Jalley P.S. Case No.
193 of 2025 registered for the offence under Sections 87, 3(5) of
the B.N.S.
3. As per prosecution case, petitioner along with other
co-accused person, namely Shyam Mahto on pretext of
providing job to the informant’s daughter kidnapped her and till
date victim girl has not been recovered.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and he has
falsely been implicated in this case. Petitioner has clean
antecedent.
Patna High Court CR. MISC. No.21203 of 2026(2) dt.08-04-2026
2/2
5. The learned APP opposes the anticipatory bail
application and submits that victim girl has not been recovered
as yet and the Process u/s 82 of Cr.P.C. has already been issued
against the petitioner.
6. Under these circumstances, I am not inclined to
grant privilege of anticipatory bail to the petitioner.
7. Accordingly, the anticipatory bail application is
rejected.
(Alok Kumar Sinha, J)
Ranjeet/-
U T
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