Patna High Court

Udit KumarversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted anticipatory bail to the petitioner, subject to the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS, 2023.

Summary

The petitioner, Udit Kumar, was implicated in a kidnapping case (PS Case No. 734 of 2024) under Sections 137(2), 96 and 3(5) of the BNS, 2023, after the informant alleged that Kumar abducted his 17‑year‑old sister. The victim later testified that she had married the petitioner, was living with him, and had a child, thereby withdrawing the complaint. The petitioner applied for anticipatory bail, arguing innocence and false implication, while the State opposed the relief. The court considered the victim’s statement, the withdrawal of the criminal writ, and the provisions of Section 438(2) CrPC and Section 482(2) BNSS, 2023. It granted anticipatory bail on the condition that the petitioner surrenders within four weeks and furnishes bail bonds and sureties, 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 victim’s testimony and withdrawal of the complaint.
Whether the petitioner is likely to be arrested and whether the conditions of Section 482(2) of the BNSS, 2023 justify granting bail.

Legislation cited

BNS, 2023 — s. 137(2), 3(5), 96
BNSS, 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
kidnapping
false implication
Section 438 CrPC
Section 482 BNSS
criminal procedure
withdrawal of complaint
marriage as defence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1237 of 2026
                        Arising Out of PS. Case No.-734 Year-2024 Thana- BIHAR District- Nalanda
                 ======================================================
                 Udit Kumar Son of Lalo Prasad @ Lalo Mahto Resident of Village - Paingari,
                 Post - Paingari, P.S. - Warisaliganj, Dist. - Nalanda. ... ... Petitioner/s
                                                       Versus
           1.     The State of Bihar
           2.     Amit Kumar Son of Sant Kumar R/o Village - Rasalpur, Post and P.S. -
                  Bind, Dist. - Nalanda.
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Alok .
                 For the State            :        Mr. Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   30-01-2026                   Heard learned counsel for the petitioner and learned APP

                   for the State.

                                 2. The petitioner is apprehending his arrest in Bihar P.S.

                   Case No. 734 of 2024 registered under Sections 137(2), 96 and 3(5)

                   of the BNS, 2023.

                                  3. As per the prosecution case, on 23.09.2024, the

                   informant’s 17 years old sister did not return home after leaving for

                   the market in Biharsharif. The informant later alleged that the

                   petitioner along with other co-accused persons, kidnapped his sister.

                                4. Learned counsel for the petitioner has submitted that the

                   petitioner is innocent and has falsely been implicated in the present

                   case. He further submits that the informant, brother of the victim, has

                   filed Cr.W.J.C. No. 1381 of 2025 and a co-ordinate Bench, vide order

                   dated 27.11.2025, directed the petitioner (his learned counsel) to
             Patna High Court CR. MISC. No.1237 of 2026(2) dt.30-01-2026
                                                         2/2




                       produce the victim before the learned Trial Court. The petitioner in

                       pursuance of that order, produced the victim before the Court below

                       and she did not support the prosecution case. She stated that she has

                       solemnized marriage with the petitioner and the couple is blessed

                       with a girl child. The informant, thereafter, withdrew that criminal

                       writ. Learned counsel further submits that the petitioner and the

                       victim are leading a happy conjugal life.

                                  5. Learned APP has opposed the prayer for anticipatory bail.

                                  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 four weeks from today, be

                       released on anticipatory bail on furnishing bail bonds of Rs.10,000/-

                       (Ten thousand) with two sureties of the like amount each to the

                       satisfaction of learned Chief Judicial Magistrate, Nalanda at

                       Biharsharif in connection with Bihar P.S. Case No. 734 of 2024,

                       subject to the conditions as laid down under Section 438(2) of the

                       Code of Criminal Procedure/ 482(2) of the BNSS, 2023.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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