Patna High Court

Sunil Ram @ Sunil Kumar RamversusThe State of Bihar

Decided: 19 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was not granted due to the excessive delay and lack of genuine apprehension of arrest.

Summary

The petitioners Sunil Ram, Basanti Kumari and Pappu Ram sought anticipatory bail in connection with a 2014 case (PS No. 235) alleging offences under Sections 363, 366(A) and 34 of the Indian Penal Code. They filed the bail application 12 years after the FIR was lodged, claiming apprehension of arrest. The court observed that the petitioners had no genuine apprehension of arrest and highlighted the inordinate delay in seeking relief. It held that anticipatory bail is a discretionary remedy that should not be granted when the applicant fails to demonstrate a real fear of detention. Consequently, the court declined to extend anticipatory bail and dismissed the petition.

Issues considered

Whether anticipatory bail can be granted after a delay of twelve years from the filing of the FIR
Whether the petitioners have demonstrated a genuine apprehension of arrest warranting anticipatory bail

Legislation cited

Indian Penal Code — s. 34, 363, 366A

Subjects

anticipatory bail
delay
Indian Penal Code
Section 363
Section 366A
Section 34
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7347 of 2026
                  Arising Out of PS. Case No.-235 Year-2014 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
           1.     Sunil Ram @ Sunil Kumar Ram Son of Late Bodha Ram @ Bodhnath Ram
                  Resident of Village - Gamhari, P.S. - Baikunthpur, District - Gopalganj
           2.    Basanti Kumari Daughter of Jhagru Ram @ Zagaru Ram. Resident of
                 Village - Gamhari, P.S. - Baikunthpur, District - Gopalganj
           3.     Pappu Ram Son of Late Bodha Ram @ Bodhnath Ram Resident of Village -
                  Gamhari, P.S. - Baikunthpur, District - Gopalganj
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bijay Prakash Singh
                 For the Opposite Party/s :      Mr.Nagendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2.    The     petitioners    apprehends        his    arrest    in

                   Baikunthpur P.S. Case No. 235 of 2014, registered for offence

                   punishable under Sections 363, 366(A), 34 of the Indian Penal

                   Code.

                                3. The present petition has been filed for grant of

                   anticipatory bail after a lapse of 12 years from the date of

                   lodging of F.I.R. It appears that petitioners have got no

                   apprehension of arrest.

                                4. Considering the aforesaid delay, this Court is not

                   inclined to extend the privilege of anticipatory bail to these
           Patna High Court CR. MISC. No.7347 of 2026(2) dt.19-02-2026
                                                       2/2




                     petitioner and accordingly, same is rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T

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