Patna High Court

Awadh Kumar @ Awadh Kumar SahversusThe State of Bihar

Decided: 7 May 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court granted anticipatory bail to the petitioner subject to prescribed conditions.

Summary

Awadh Kumar was accused of kidnapping his minor daughter under Sections 366, 366A, 504, 506 and 34 of the IPC based on an informant’s allegation. The petitioner claimed a clean record and argued that the victim later returned and did not support the prosecution’s case, indicating false implication. He sought anticipatory bail under Section 438(2) of the CrPC, assuring cooperation with the investigation. The State opposed the bail. The Court, after considering the submissions and the victim’s statement, granted anticipatory bail subject to a cash bond of Rs.10,000 and two sureties, with the condition that the petitioner surrender within six weeks if arrested.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC in view of the allegations of kidnapping and the victim’s non‑cooperation with the prosecution.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 34, 366, 366A, 504, 506

Subjects

anticipatory bail
kidnapping
false implication
IPC sections 366, 366A, 504, 506, 34
CrPC Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25820 of 2026
                       Arising Out of PS. Case No.-269 Year-2023 Thana- NIRMALI District- Supaul
                 ======================================================
                 Awadh Kumar @ Awadh Kumar Sah Son of Chhotelal Sah Resident of
                 Village- Jarauli, Ward No. 1, P.S.- Nirmali, District- Supaul
                                                                               ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     X Son of Late Krit Narayan Kamat Resident of Village- Jarauli, Ward No. 1,
                  P.S.- Nirmali, District- Supaul
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prasoon Kumar
                 For the Opposite Party/s :       Mr. Pranav Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 366,

                   366A, 504, 506 and 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 03.12.2023 at 7.30 P.M., when he came back

                   home, his wife informed that their minor daughter is missing,

                   accordingly a search was made when Lakshmi informed that she

                   saw the victim accompanying the petitioner, accordingly, the

                   informant went to the house of petitioner, when petitioner’s

                   family members abused and threatened, thus alleges that his

                   minor daughter was kidnapped by the petitioner and others.
           Patna High Court CR. MISC. No.25820 of 2026(2) dt.07-05-2026
                                                       2/2




                                  4. Learned counsel for the petitioner submits that

                     petitioner has been falsely implicated in the instant case by the

                     informant. It is next submitted that victim has come back and

                     her statement was recorded under Section 183 BNSS, wherein

                     she has not supported the case of the prosecution. It is also

                     submitted that if privilege of anticipatory bail is granted, the

                     petitioner will not abscond rather will cooperate in the

                     investigation to prove his innocence.

                                  5. Learned A.P.P. opposes the prayer for anticipatory

                     bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, in the

                     event of his arrest or surrender within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned trial

                     court where the case is pending/successor court in connection

                     with Nirmali P.S. Case No.269/2023, subject to the conditions

                     as laid down under Section 438 (2) of the Cr.P.C.



                                                       (Satyavrat Verma, J)
amit/-
U      T

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