Patna High Court

Rupesh Kumar Yadav @ Rupesh KumarversusThe State of Bihar

Decided: 6 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, given the victim’s voluntary statement under Section 183 and the petitioner’s clean antecedents, anticipatory bail under Section 482(2) of the B.N.S. is warranted.

Summary

The petitioner, Rupesh Kumar Yadav, sought anticipatory bail after being implicated in a kidnapping case under Section 96 of the B.N.S. based on an informant’s allegation that he had taken away a 16‑year‑old girl. The girl later gave a statement under Section 183 of the B.N.S., denying any kidnapping and stating she had voluntarily gone with the petitioner and that they had solemnised a marriage. The petitioner asserted his innocence and clean antecedents. The State opposed the bail application. Considering the victim’s voluntary statement and the petitioner’s clean record, the court allowed the anticipatory bail, directing that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S. in view of the victim’s statement under Section 183 and the petitioner’s clean antecedents

Legislation cited

B.N.S. — s. 183, 482(2), 96

Subjects

anticipatory bail
kidnapping
victim statement
clean antecedents
Section 96
Section 183
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1488 of 2026

                         Arising Out of PS. Case No.-97 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
                 Rupesh Kumar Yadav @ Rupesh Kumar Son of Tribhuvan Ray Resident of
                 Village- Terha PS -Isuapur Dist- Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Radha Mohan Singh, Advocate
                 For the State            :        Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   06-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 96 of the

                   B.N.S..

                                3. As per prosecution case, informant, namely

                   Chandan Kumar Ray, alleged that on 10.02.2025 at about 1 PM,

                   his minor sister, aged about 16 years, had gone to Fulwariya

                   Bazar but did not return. During search, he came to know that

                   this petitioner had taken her away.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.1488 of 2026(3) dt.06-04-2026
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          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. Allegations levelled against this

          petitioner are false and concocted. During investigation, the

          victim returned and in her statement recorded under Section 183

          of the B.N.S.S., she denied the factum of kidnapping and has

          categorically stated that she, out of her own sweet will, had

          gone with this petitioner and both of them had solemnized

          marriage. Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, statement of the victim recorded under Sections 183 of the

          B.N.S.S. and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Judicial Magistrate 1st Class,

          Saran at Chapra in connection with Garkha P.S. Case No. 97 of
             Patna High Court CR. MISC. No.1488 of 2026(3) dt.06-04-2026
                                                         3/3




                       2025, subject to condition as laid down under Section 482(2) of

                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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