Birendra Sahani @ Birendra Kumar v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No. 23544 of 2026, oral order dated 14-07-2026 by Shailendra Singh, J.: anticipatory bail prayer of Birendra Sahani @ Birendra Kumar and Indresh Sahani @ Indresh Kumar rejected. Arises from Muffasil (Samastipur) P.S. Case No. 452 of 2025 under sections 137(2), 96, 126(2), 115(2), 352, 351(2) & 3(5) BNS concerning the disappearance of the informant's 16-year-old daughter and the apprehension that she might be sold for prostitution; related matter Dalsingsarai P.S. Case No. 363 of 2025. Points weighed: 27-day delay in FIR, informant not an eyewitness, victim still traceless, case under investigation. Useful for: denial of anticipatory bail where the abductee remains untraced and investigation is ongoing despite delay in FIR.
What did the court decide?
Despite the 27-day delay in lodging the FIR and the informant not being an eyewitness to the alleged occurrence, the Court declined anticipatory bail because the victim admittedly remains traceless, the case is under investigation, and the informant had suspected the petitioners to be involved in the disappearance of the victim.