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Patna High Court

Raju RamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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