Patna High Court
Dayanand Singh @ Gayanand SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, three brothers, applied for anticipatory bail after being named in an FIR alleging kidnapping of a girl, the daughter of an informant, under Sections 137(2), 140(1) and 3(5) of the B.N.S. The informant claimed the accused had abducted his daughter, who remained missing. The petitioners contended they were innocent, had clean antecedents and were implicated only on suspicion, asserting lack of material evidence. The State opposed the bail, emphasizing the specific accusations in the FIR and the seriousness of the offence, noting that the victim was still untraced. After considering the gravity of the alleged crime and the fact that the victim remained missing, the Court rejected the prayer for anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Sections 137(2), 140(1) and 3(5) of the B.N.S. given the seriousness of the alleged kidnapping and the victim's disappearance
Legislation cited
- B.N.S. — s. 137(2), 140(1), 3(5)
Subjects
- anticipatory bail
- kidnapping
- B.N.S.
- Sections 137(2)
- Section 140(1)
- Section 3(5)
- missing victim
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79556 of 2025
Arising Out of PS. Case No.-489 Year-2024 Thana- NARPATGANJ District- Araria
======================================================
1. Dayanand Singh @ Gayanand Singh son of Khushilal Singh Resident of
village- Ramghhat Koskapur Ward No 6 PS- Narpatganj Dist -Araria
2. Vidyanand Singh Son of Khushilal singh Resident of village- Ramghhat
Koskapur Ward No 6 PS- Narpatganj Dist -Araria
3. Amar Jivan Singh son of Khushilal Singh Resident of village- Ramghhat
Koskapur Ward No 6 PS- Narpatganj Dist -Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Anish Kumar, Advocate
For the State : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 21-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 137(2),
140(1) and 3(5) of the B.N.S..
3. As per prosecution case, on 12.09.2024, daughter of
informant went out of her matrimonial house but did not return.
Informant believes that all the F.I.R. named accused persons,
including these petitioners, have kidnapped her daughter.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.79556 of 2025(5) dt.21-04-2026
2/2
have committed no offence. Petitioners have falsely been
implicated in this case merely on suspicion. There is no material
on record to show the complicity of these petitioners in the
alleged occurrence. Petitioners claim clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that petitioners are named in the
F.I.R. and there is specific accusation that they, along with other
accused persons, kidnapped the daughter of informant and the
victim is still traceless.
6. Considering the facts and circumstances of the
case, gravity of offence and fact that the victim is still traceless,
the prayer for grant of anticipatory bail to the petitioners is
rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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