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Patna High Court

Awanish Kumar @ Avanish KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was rejected; the petitioner is not entitled to regular bail.

Summary

The petitioner, Awanish Kumar, sought regular bail in a case registered under Sections 302, 201 and 34 of the Indian Penal Code for the alleged murder of his wife by poisoning and concealment of her body. He claimed innocence, stating that the body was not recovered and that the death could have been due to poison administered during treatment, and that re‑investigation is pending. The State opposed bail, alleging that the petitioner had an illicit relationship with another woman, which motivated the alleged murder, and presented a pen‑drive containing photographs as evidence. The court examined the seriousness of the offences, the alleged motive, and the evidentiary material. Concluding that the petitioner did not merit the privilege of regular bail, the court rejected the bail application.

Issues considered

  • Whether the petitioner is entitled to regular bail under the circumstances of alleged murder, disappearance of evidence and common intention under Sections 302, 201 and 34 IPC
  • Whether the alleged illicit relationship and photographic evidence affect the grant of bail

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Section 302
  • Section 201
  • Section 34
  • regular bail
  • illicit relationship
  • evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38161 of 2025
                    Arising Out of PS. Case No.-128 Year-2024 Thana- PATAHI District- East Champaran
                 ======================================================
                 Awanish Kumar @ Avanish Kumar S/o Ram Jiwan Singh Resident of Village
                 - Padumker, P.S. - Patahi, District - East Champaran

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Madhurendra Kumar, Adv.
                 For the State            :        Mr.Shailendra Kumar, APP
                 For the Informant        :        Mr.Manoj Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   20-01-2026                          Heard learned counsel for the petitioner as well

                   as learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail

                   in connection with Patahi P.S. Case No. 128 of 2024, registered

                   for the offences punishable under Sections 302, 201, 34 of IPC.

                                    3. As per allegation, the petitioner, who is husband

                   of the victim/deceased, along with other co-accused persons

                   committed her murder by administering poison and concealed

                   her dead body.

                                 4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated.

                   The dead body of the deceased has not been recovered, as cause

                   of death could not be ascertained. He has submitted further that
           Patna High Court CR. MISC. No.38161 of 2025(5) dt.20-01-2026
                                                       2/2




                     the deceased consumed poison and died. Before her death,

                     treatment was given to her, which transpires in re-investigation.

                                   5. On the other hand, Sri Shailendra Kumar, the

                     learned APP for the State and the learned counsel for the

                     informant have opposed the prayer for bail by submitting that

                     the petitioner, who is husband of the deceased, had illicit

                     relation with one Priya Devi, daughter of Pappu Singh. This fact

                     has been mentioned in the FIR. Due to his illicit relation, he

                     inflicted atrocities on the deceased. Learned counsel for the

                     informant has submitted that brother of the deceased has

                     submitted pen drive containing the photograph of the petitioner

                     and Priya Devi.

                                    6. Considering the above-mentioned facts and

                     circumstances, in my view, the petitioner doesn’t deserve the

                     privileges for regular bail. Accordingly, it is rejected.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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