Patna High Court
Ram Balak DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Ram Balak Das, sought anticipatory bail in connection with a kidnapping case (Baheri P.S. Case No. 37 of 2025) where the main accused, Ashiya Devi, is his daughter‑in‑law. The prosecution alleged that Ashiya Devi kidnapped the victim under Sections 137(2), 96 and 3(5) of the B.N.S. The petitioner claimed innocence, clean antecedents and argued that his implication was false. The State opposed the bail, but the court considered the petitioner’s familial relationship with the accused and his age. The court allowed the anticipatory bail, directing release on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S. The order was made by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC given his relation to the main accused and alleged involvement in the kidnapping.
- Whether the conditions prescribed under Section 438(2) CrPC and Section 482 B.N.S. are satisfied.
Legislation cited
- B.N.S. — s. 137(2), 3(5), 482, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- false implication
- family relationship
- bail conditions
- Section 438 CrPC
- Section 482 B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45313 of 2025
Arising Out of PS. Case No.-37 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Ram Balak Das S/o Darbari Das R/o Village- Chakka,k P.S.- Baheri, District-
Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rojina Devi Vill- Chakka Post- Jorja PS- Baheri Dist- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Baheri P.S. Case No. 37 of 2025 registered for
the offence under Sections 137(2)/ 96/ 3(5) of the B.N.S.
3. As per the prosecution case, one Ashiya Devi is
alleged to have kidnapped the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that petitioner
is father-in-law of the main accused Ashiya Devi who is said to
have kidnapped the victim for illegal purposes. Petitioner has
clean antecedent.
Patna High Court CR. MISC. No.45313 of 2025(5) dt.19-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the relation of the petitioner with
the main accused and the age of the petitioner, this application is
allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Addl. Chief
Judicial Magistrate- VII, Darbhanga/ concerned Court below in
connection with Baheri P.S. Case No. 37 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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