Patna High Court
Shiv Prasad RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) CrPC and Section 482 of the B.N.S.S.
Summary
The petitioners, Shiv Prasad Ram, Savita Devi and Chandani Devi, sought anticipatory bail in connection with a kidnapping case (Bariyarpur P.S. Case No. 146 of 2025) where they were alleged to be involved under Sections 137(2), 196 and 3(5) of the B.N.S.S. The prosecution alleged that the informant’s daughter was kidnapped by the petitioners along with a co‑accused, while the petitioners claimed innocence and clean antecedents. The State opposed bail on the ground that the victim had not yet been recovered. The High Court, applying Section 438(2) of the Code of Criminal Procedure and Section 482 of the B.N.S.S., allowed the anticipatory bail application, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties and imposing conditions. The court also directed the Senior Superintendent of Police to recover the victim within eight weeks and report back. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC when the victim in a kidnapping case has not been recovered
- Whether the petitioners are likely to tamper with evidence or abscond, justifying denial of bail
- Applicability of Section 482 of the B.N.S.S. in granting anticipatory bail
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- kidnapping
- bail conditions
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87647 of 2025
Arising Out of PS. Case No.-146 Year-2025 Thana- Bariyarpur District- Muzaffarpur
======================================================
1. Shiv Prasad Ram S/O Late Gariv Chandan Ram R/O Village- Bharthipur,
P.S- Bariyarpur, Distt.- Muzaffarpur.
2. Savita Devi W/O Shiv Prasad Ram R/O Village- Bharthipur, P.S- Bariyarpur,
Distt.- Muzaffarpur.
3. Chandani Devi W/O Sanjeet Ram R/O Village- Bharthipur, P.S- Bariyarpur,
Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Suvelal Ram S/O Late Rajdeo Ram R/O Village- Bharthipur, P.S-
Bariyarpur, Distt.- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Bariyarpur P.S. Case No. 146 of 2025
registered for the offence under Sections 137(2), 196, 3(5) of the
B.N.S.S.
3. As per the prosecution case, informant’s
daughter was kidnapped petitioners along with one Ranjit
Kumar Ram while she was heading to college.
4. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.87647 of 2025(3) dt.26-02-2026
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the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that the
petitioners are parents and co-villagers of the main accused
Ranjit Kumar Ram who is said to have kidnapped the victim.
Petitioners have clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners on the ground that till now
the girl has not been recovered.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.-VIII (East), Muzaffarpur/ concerned Court below in
connection with Bariyarpur P.S. Case No. 146 of 2025, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
8. The Senior Superintendent of Police, Muzaffarpur
is directed to ensure the recovery of the victim within eight
weeks from today and file a compliance report to this Court.
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9. The Office is directed to list this case after eight
weeks under heading ‘For Orders’.
10. Let a copy of this order be communicated through
FAX or e-mail to the Senior Superintendent of Police,
Muzaffarpur for its compliance.
(Sandeep Kumar, J)
tusharika/-
U
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