Patna High Court
Jaldhar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied as the petitioner remains an accused in the pending case.
Summary
The petitioner, Jaldhar Das, sought anticipatory bail in a missing‑person case (Sono P.S. Case No. 151 of 2004) where he was named as an accused under IPC sections 364 (kidnapping) and 34 (common intention). He claimed he had no knowledge of the alleged offence and no criminal antecedents, arguing that the investigation had been pending for many years. The State pointed out that the petitioner was recorded as an accused in 2008 and that a charge‑sheet was filed on 31‑12‑2014, indicating that the case was still active. The Court examined the police reports, noting the failure to locate the missing woman and the lack of investigative effort, but held that the petitioner remained an accused and therefore could not be granted anticipatory bail. Consequently, the application for anticipatory bail was rejected and the Court directed the Superintendent of Police, Jamui, to re‑examine the matter and form a team to investigate further.
Issues considered
- Whether anticipatory bail can be granted to a person who has been named as an accused in a pending criminal case
- Whether the lapse of time and alleged police inaction affect the grant of anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 34, 364
Subjects
- anticipatory bail
- kidnapping
- missing person
- police investigation
- bail
- IPC
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7379 of 2026
Arising Out of PS. Case No.-151 Year-2004 Thana- SONO District- Jamui
======================================================
Jaldhar Das S/O Maharaj Das R/O Village- Dhanave, Police Station-
Chandramandi, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 17-06-2026 Heard Mr. Pankaj Kumar Sinha, learned counsel for
the petitioner and Mr. Nagendra Prasad representing the State.
2. The petitioner is apprehending his arrest in
connection with Sono P.S. Case No. 151 of 2004 for the offence
under sections 364 and 34 of the Indian Penal Code lodged on
21.12.2004 by the informant, Pudina Devi.
3. As per the prosecution story, the informant alleged
on 14.08.2003 that her son-in-law Sitaram Das gave information
that her daughter, Sakunwa Devi has disappeared with someone.
When they went to the house of her son-in-law, was informed
by the locals that she has disappeared with one Nanhka Das. She
further inquired form the local villagers but could not know
anything about her, thereafter, the present case.
4. Learned Counsel for the petitioner submits that he
Patna High Court CR. MISC. No.7379 of 2026(5) dt.17-06-2026
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is a villager having no knowledge of the present case and only
got implicated being close to the informant’s/complainant’s son-
in-law, Sitaram Das. Further, he do not have criminal
antecedents.
5. Learned State counsel has taken this Court to
paragraph no. 126 of the case diary to show that in the year
2008, the police, during the investigation, recorded the name of
the petitioner as one of the accused and steps were also taken
too for the issuance of the process. Despite being named as an
accused, 23 years after lodging of the FIR and 18 years after the
steps were taken for issuance of processes, he has approached
this Court. The submission is that the lady is still traceless as per
the police report dated 26.05.2026.
6. This Court has taken note of the letter no. 729 dated
26.05.2026 issued by the S.P., Jamui, according to which, the
Police has failed to get any clue about the lady.
7. The year 2014 report shows that showing these
accused persons as absconder, charge sheet has been submitted
on 31.12.2014.
8. Considering the aforesaid facts that have come up
as also that this petitioner is named accused and charge-sheet
stands submitted on 31.12.2014, no relief can be extended.
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9. The anticipatory bail application stands rejected.
10. Having recorded the aforesaid fact, this Court has
reason to show its anguish on the fact that the Police, in a
routine manner, recorded that the lady could not be traced out.
The records show that no technical expertise/assistance were
taken nor the whereabouts of Nanhka Das/other accused persons
were investigated. Clearly, the life of a lady is not considered
precious by the Police.
11. In that background, this Court directs the S.P.,
Jamui to give a re-look to the entire matter, constitute a team
under the Dy.S.P. and at least at this stage, take steps to ensure
that the fate of the lady comes to light.
12. Let the copy of the order be sent to the office of
Superintendent of Police, Jamui for his perusal and needful.
(Rajiv Roy, J)
Adnan/Sanny
U T
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