Ram Babu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51559 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- DARAUNDA District- Siwan ====================================================== Ram Babu Prasad S/o Late Yamuna Prasad R/o Village-Sawan Bigrah, P.SDaraundha, Dist.-Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-10-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner apprehends arrest in connection with Daraunda P.S. Case No. 34 of 2025, registered under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that informant's sister left home but did not return.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that there is delay of four days in lodging the FIR. The petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of statement of the victim. No specific overt act is alleged against the petitioner. It is next submitted that the victim has not stated anything in her statement recorded

Patna High Court CR. MISC. No.51559 of 2025(3) dt.10-10-2025 2/2 under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Specific allegation has been levelled against co-accused Vishal Kumar. The petitioner has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 20.08.2025 passed in Cr. Misc. No. 37974 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Daraunda P.S. Case No. 34 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T