Patna High Court
Kuldip YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, directing release on bail if the petitioners are arrested within the stipulated period.
Summary
The petitioners, Kuldip Yadav and Kalwa Devi, parents of the accused Bitu Kumar, applied for anticipatory bail fearing arrest in a case registered under Sections 137(2), 96, and 3(5) of the B.N.S. The prosecution alleged their involvement in the alleged abduction of a victim. The petitioners contended they were innocent, had clean antecedents, and were falsely implicated. The State opposed the bail on the ground of the seriousness of the offences. The High Court, after considering the submissions, allowed the anticipatory bail, directing that if arrested within four weeks the petitioners be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 of the CrPC and Section 482 of the B.N.S.
- Whether the petitioners are likely to be involved in the offences alleged under Sections 137(2), 96 and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 137(2), 3(5), 482, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- false implication
- bail bond
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88455 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- NEMDARGANJ District- Nawada
======================================================
1. Kuldip Yadav S/O Late Hiro Yadav Resident Of Village- Supoul, P.S-
Nemdarganj, District- Nawada.
2. Kalwa Devi W/O Kuldip Yadav Resident Of Village- Supoul, P.S-
Nemdarganj, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Nemdarganj P.S. Case No. 140 of 2025
registered for the offence under Sections 137(2), 96, 3(5) of the
B.N.S.
3. As per the prosecution case, petitioners are
parents of the main accused Bitu kumar who is alleged to have
abducted the victim.
4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and they have falsely
been implicated in this case. Petitioners have clean antecedent.
Patna High Court CR. MISC. No.88455 of 2025(2) dt.15-01-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M. 1st Nawada/ concerned Court below in connection with
Nemdarganj P.S. Case No. 140 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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