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Patna High Court

Ajay Sah @ Ajay KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

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

Summary

The petitioner, Ajay Sah, sought anticipatory bail in connection with a kidnapping case (PS Alamnagar Case No. 154 of 2025) where the FIR was lodged four days after the alleged incident. He argued that the delay in filing the FIR and the absence of any material linking him to the crime, as well as the victim’s continued disappearance, made the allegations speculative. The State opposed bail, emphasizing the seriousness of the kidnapping charge and the fact that the victim remained untraced. The Court considered the delay, the lack of concrete evidence against the petitioner, his clean antecedents, and his undertaking to cooperate with the investigation. Accordingly, the Court granted anticipatory bail subject to a cash bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted despite the delay in filing the FIR and the serious nature of the kidnapping allegations.
  • Whether the petitioner’s clean antecedents and willingness to cooperate justify bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • FIR delay
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66930 of 2025
                   Arising Out of PS. Case No.-154 Year-2025 Thana- ALAMNAGAR District- Madhepura
                 ======================================================
                 Ajay Sah @ Ajay Kumar Son of Sulo Sah @ Surendra Sah Resident of
                 Village - Bagraha, Ward no. 5, P.S. - Alamnagar, District - Madhepura.
                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Uday Chand Prasad, Adv.
                                                 Mr. Manoj Kumar, Adv.
                                                 Ms. Pooja Prasad, Adv.
                 For the Opposite Party/s :      Mr. Satyendra Narain Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   21-01-2026                   Heard Ms. Pooja Prasad, learned Advocate for the

                   petitioner and Mr. Satyendra Narain Singh, learned Additional

                   Public Prosecutor for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Alamnagar P.S. Case No. 154 of 2025, registered for the

                   offences punishable under Sections 137(2), 140(3), 96, 3(5) of

                   the BNS.

                                 3. Allegedly, in the morning of the fateful day, while

                   the informant’s daughter was going for tuition, in the

                   meanwhile, all the FIR named accused persons, including the

                   petitioner along with three unknown persons came on a four-

                   wheeler vehicle. All the accused persons forcibly kidnapped her

                   and got her seated on the said vehicle on the point of pistol and

                   manged to flee away. During the course of search, the informant

                   came to know that after kidnapping, his daughter was kept in the

                   house of this petitioner and thereafter she was taken away on
Patna High Court CR. MISC. No.66930 of 2025(4) dt.21-01-2026
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          different places.

                       4. Learned Advocate for the petitioner referring to the

          FIR contended that surprisingly the alleged occurrence took

          place on 08.05.2025 but the FIR came to be instituted on

          12.05.2025. Had the informant known this fact that his daughter

          was kidnapped by the nine named accused persons and three

          unknown persons, he would have certainly lodged the FIR

          immediately after occurrence on 08.05.2025 itself but the same

          has not been done. The petitioner is also the resident of the same

          place and, as such, if the victim girl was kidnapped and kept in

          his house, the neighbours or the informant should have informed

          to the police but this has also not been done. In fact, on account

          of suspicion, the name of the petitioner has been implicated in

          this case by making some specific accusation of keeping the girl

          in his house. During the course of investigation, no cogent

          material has come which suggests the aforesaid facts and the

          investigation regarding complicity of the petitioner is still going

          on. The petitioner undertakes that he will fully cooperate in the

          investigation and the proceeding of the court as the whereabouts

          of the victim could not be traced out.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that
            Patna High Court CR. MISC. No.66930 of 2025(4) dt.21-01-2026
                                                        3/3




                      apart from the specific accusation of kidnapping, the victim girl

                      is still traceless and, as such, the petitioner does not deserve the

                      privilege of anticipatory bail.

                                     6. Having considered the submissions advanced by

                      the learned Advocates for the respective parties and taking note

                      of the delay in institution of the FIR, coupled with the omnibus

                      allegation of kidnapping, besides the fair antecedent of the

                      petitioner and his undertaking that he will cooperate in the

                      investigation, let the petitioner abovenamed be released on bail,

                      in the event of his arrest or surrender before the court below

                      within     a     period     of    four     weeks     from   the   date   of

                      receipt/production of a copy of this order, upon furnishing bail

                      bonds of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of the learned                     Judicial

                      Magistrate, 1st Class, Uda Kishunganj, Madhepura                         in

                      connection with Alamnagar P.S. Case No. 154 of 2025, subject

                      to the conditions laid down in Section 482(2) of the Bharatiya

                      Nagrik Suraksha Sanhita, 2023, with the further condition that

                      one of the bailors shall be the own/close family members of the

                      petitioner.


                                                               (Harish Kumar, J)
Anjani/-
U       T


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