Patna High Court
Vishal Kumar @ Vishal Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S. — s. 137(2), 140(3), 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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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