Patna High Court
Rupesh Yadav @ Bauwa Yadav @ Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Rupesh Yadav, was arrested on kidnapping charges under Sections 96 and 3(5) of the BNS and has been in custody since 28 June 2025. He applied for bail, claiming innocence, alleging that the alleged victim eloped with him and that a medical report shows the victim is a minor aged 16-18. The prosecution, represented by the informant, opposed the bail. The court considered the seriousness of the allegation, the material evidence, and the length of custody, and decided to grant bail. The petitioner was ordered to be released on a bail bond of Rs. 10,000 with two sureties, with the court noting that this order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 96 and 3(5) of the BNS in a kidnapping case involving a minor.
- Whether the length of custody and the nature of the allegations justify bail.
- Whether the victim's age and alleged elopement affect the bail decision.
Legislation cited
- BNS — s. 3(5), 96
Subjects
- bail
- kidnapping
- minor victim
- Section 96
- Section 3(5)
- Bihar
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.768 of 2026
Arising Out of PS. Case No.-215 Year-2025 Thana- RANIGANJ District- Araria
======================================================
Rupesh Yadav @ Bauwa Yadav @ Rupesh Kumar S/O Subhah Yadav @
Subhash Yadav Resident of Village-Radhika Tola, Rahika tola Baluwa Ward-
12 P.S-Sarsi, District-Purnea
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Chandra Dev Mehta S/O Baleshwar Mehta R/O Kohwara Bishanpur, Ward
no-7,Raniganj P.S- Raniganj Arraria, District- Arraria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Sinha
For the Opposite Party/s : Mr.Rajendra Prasad Nat
For the informant : Mr. Mukesh Kumar Rana
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 16-04-2026 Heard the parties.
2. The petitioner seeks bail in connection with SPL
Case No. 55 of 2025 arising out of Raniganj P.S. Case No. 215
of 2025 registered for the offence under Section 96, 3(5) of the
BNS.
3. As per the prosecution case, the petitioner is
alleged to have kidnapped the victim.
4. The petitioner is in jail since 28.06.2025.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that from the FIR, it is clear that the
victim had eloped with the petitioner and materials have also
Patna High Court CR. MISC. No.768 of 2026(5) dt.16-04-2026
2/2
come during investigation to show that the petitioner is
innocent. He next submits, relying on the medical report of the
victim, that the age of the victim has been found to be between
16 to 18 years and the trial is not progressing.
6. Learned counsel for the informant has
vehemently opposed the application of the petitioner.
7. Considering the nature of allegation levelled
against the petitioner, the materials available on record and the
period of custody of the petitioner, this application is allowed.
8. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the concerned Court below in connecttion with Spl. Case No. 55
of 2025 arising out of Raniganj P.S. Case No. 215 of 2025.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…