Patna High Court
Keshav Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed anticipatory bail to the petitioner, subject to conditions, under Section 438 CrPC and Section 482(2) of the Bihar Negotiable Instruments Act.
Summary
The petitioner, Keshav Kumar Singh, sought anticipatory bail fearing arrest in a case (No.217 of 2025) registered under Sections 137(2) and 140(3) of the Bihar Negotiable Instruments Act concerning the disappearance of a minor girl. The FIR named Akash Kumar, not the petitioner, and the petitioner claimed he was implicated due to village politics and had a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court examined the petitioner's claim of non‑involvement, the lack of his name in the FIR, and the principle of anticipatory bail under Section 438 of the CrPC. It held that there was no material reason to deny bail and imposed strict conditions, including sureties and personal appearance in court. Consequently, the Court granted anticipatory bail subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure in view of the allegations and his non‑mention in the FIR.
Legislation cited
- Bihar Negotiable Instruments Act — s. 137(2), 140(3), 482(2)
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- Criminal Procedure
- Bihar Negotiable Instruments Act
- Section 137
- Section 140
- political victimisation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85446 of 2025
Arising Out of PS. Case No.-217 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Keshav Kumar Singh Son of Vrijkishor singh Village- Baghar PS- Noorsarai
District -Nalanda (Biharsharif)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Radhe Paswan son of Late Badri Paswan Resident Of Village- Belsar, Ps-
Noorsarai, Dist- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
Mr. Praveen Kumar, Advocate
For the State : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection
with Noorsarai P.S. Case No. 217 of 2025 registered for the
offences under Sections 137(2) and 140(3) of B.N.S.
3. As per the FIR, the minor daughter of the
informant was found to be missing and despite a hectic
search, she could not be traced. The informant received
certain information that one of her friends had disclosed that
one Akash Kumar was very close to the daughter of the
informant and that they used to talk to each other over mobile
phone.
Patna High Court CR. MISC. No.85446 of 2025(2) dt.15-01-2026
2/4
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is not named in the FIR
and that only after the victim girl was recovered she has taken
the name of the petitioner. It has further been submitted that
the petitioner has no concern whatsoever with the family of
the said Akash Kumar. It has further been submitted that even
during the course of investigation, it has transpired that the
daughter of the informant and the FIR named Akash Kumar
were in love with each other and they had fled together. It has
next been submitted that the petitioner has been implicated
due to village politics and that he carries clean antecedent.
5. Learned APP for the State has vehemently
opposed the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or
surrender before the learned Court below within a period of
four weeks from today, on furnishing bail bonds of
Rs.10,000/-(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
Noorsarai P.S. Case No. 217 of 2025 subject to the conditions
Patna High Court CR. MISC. No.85446 of 2025(2) dt.15-01-2026
3/4
as laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of
B.N.S.S. as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(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) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail
bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case
at any stage it is found that the petitioner has
concealed his criminal antecedent, the court
below shall take step for cancellation of bail bond
of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order
Patna High Court CR. MISC. No.85446 of 2025(2) dt.15-01-2026
4/4
shall not be delayed for purpose of or in the name
of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
(Sourendra Pandey, J)
aditya/-
U
Checking your session…