Patna High Court
Bablu Kumar @ Babunand @ Babunand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Bablu Kumar, applied for anticipatory bail in a case registered under Sections 137(2), 87, 352 and 351(2) of the B.N.S., alleging that he was falsely implicated in the kidnapping of an informant's wife and daughter. The prosecution alleged that the petitioner, along with other accused, abducted the women and sexually exploited them, as recorded in a statement under Section 183 of the BNSS. The petitioner’s counsel argued innocence and highlighted that the bail application itself mentioned two prior criminal antecedents. The State opposed the bail, emphasizing the seriousness of the kidnapping and sexual assault allegations. After considering the gravity of the offences, the statement of the victim, and the petitioner’s criminal record, the Court declined to grant anticipatory bail, rejecting the petitioner's prayer.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the serious allegations of kidnapping and sexual assault and his prior criminal antecedents
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- sexual assault
- criminal antecedent
- Section 183
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10347 of 2026
Arising Out of PS. Case No.-208 Year-2025 Thana- CHOUTARWA District- West
Champaran
======================================================
Bablu Kumar @ Babunand @ Babunand Kumar S/o Mahendra Paswan R/o
Village and P.O - Rajbhar, P.S - Majhaulia @ Majhwaliya, District - West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar
For the Opposite Party/s : Mr.Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Sections 137(2), 87, 352,
351(2) of B.N.S.
3. Prosecution story is that the petitioner along with
other accused persons kidnapped the informant’s wife and
daughter.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. He further submits that the petitioner has two
criminal antecedents, as statement made in para 3 of the bail
application.
Patna High Court CR. MISC. No.10347 of 2026(3) dt.01-04-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that there is direct
allegation of kidnapping to informant’s wife and daughter.
6. Considering the aforesaid facts and circumstances
of the case and the fact that there is serious allegation against
the petitioner of kidnapping the informant's wife and daughter in
association with other accused persons and also exploiting her
sexually. In the statement recorded under Section 183 BNSS,
she has stated that she was kidnapped by the accused persons
including the petitioner and she forced to have sex with the
petitioner and his friends. The petitioner also has two criminal
antecedent.
7. Considering all these aspects of the matter,
particularly the seriousness of the offence to have been
committed by the petitioner, I am not inclined to grant privilege
of anticipatory bail to the petitioner. Therefore, the prayer for
anticipatory bail of this petitioner is rejected.
(Alok Kumar Sinha, J)
sanjeev/-
U T
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