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Patna High Court

Vishal Kumar @ Vishal Kumar PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions.

Summary

Vishal Kumar applied for anticipatory bail after being implicated in a case registered under Sections 137(2) and 140(3) of the B.N.S. for the alleged disappearance of his sister. The FIR was lodged four days after the alleged missing, and the petitioner’s name was added later during investigation. The victim‑ sister testified that she left of her own volition, is married to the petitioner, and that the brother’s complaint is false. The petitioner asserted innocence, a clean antecedent, and that the co‑accused had already been granted bail. The High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., directing the petitioner to furnish a bail bond and comply with specified terms.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC.
  • Whether the delay in lodging the FIR and the petitioner’s later inclusion in the FIR affect the grant of bail.
  • Whether the petitioner poses a risk of absconding or tampering with evidence.

Legislation cited

Subjects

  • anticipatory bail
  • FIR delay
  • false implication
  • Section 438 CrPC
  • Section 482 B.N.S.
  • criminal procedure
  • bail conditions
  • missing person case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81669 of 2025
                       Arising Out of PS. Case No.-34 Year-2025 Thana- DARAUNDA District- Siwan
                 ======================================================
                 Vishal Kumar @ Vishal Kumar Prasad S/O Ram Babu Prasad R/O village-
                 Sawan Bigrah, P.S.- Daraundha, Dist.- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar, Adv.
                 For the Opposite Party/s :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 137(2) and

                   and 140(3) of the B.N.S.

                                3. As per the prosecution case, the informant has

                   alleged that his sister had gone for attending the computer class

                   however she did not return and therefore a case of missing was

                   registered against unknown.

                                4. The learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. It has further been submitted that the petitioner is not

                   named in the F.I.R. and his name has transpired subsequently

                   during the course of investigation. It has further been submitted
Patna High Court CR. MISC. No.81669 of 2025(2) dt.15-01-2026
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          that the F.I.R. was lodged after a delay of four days from the

          date of missing of the victim. Learned counsel has further

          submitted that the girl was examined as P.W. 1 during the trial

          and in her deposition, she has categorically stated that she had

          gone out of her own sweet will and the petitioner and the other

          co-accused persons had not forced her to go to Hyedrabad. The

          victim has further stated that her brother has lodged a false case

          against the petitioner and others. She has further stated that she

          had married the petitioner and she is staying with him and lastly

          she has stated on account of her closeness with the petitioner,

          her brother used to reprimand her. Learned counsel has further

          submitted that the other co-accused person namely, Ram Babu

          Prasad has been granted bail by the Coordinate Bench of this

          court vide order dated 10.10.2025 passed in Cr. Misc. No.

          51559/2025. It has lastly been submitted that the petitioner has

          clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of

          the case, the petitioner above named, is directed to be released

          on anticipatory bail, in the event of arrest or surrender before the
Patna High Court CR. MISC. No.81669 of 2025(2) dt.15-01-2026
                                            3/4




          Court below within a period of four weeks from today, on

          furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Court below where the case is pending/successor

          court in connection with Daraunda P.S. Case No. 34 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Code of Criminal Procedure read with corresponding

          Section 482(2) of BNSS as well as subject to the following

          conditions:-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                        (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner

          will be liable to be cancelled by the Court concerned.

                        (iv) The trial court shall verify the criminal antecedent

          of the petitioner and in case, at any stage, it is found that the

          petitioner has concealed his criminal antecedents, the trial court

          shall take necessary steps for cancellation of bail bond of the

          petitioner. However, the acceptance of bail bond in terms of the
           Patna High Court CR. MISC. No.81669 of 2025(2) dt.15-01-2026
                                                       4/4




                     above mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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