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Patna High Court

Bulbul Kumar @ Bulbul Yadav @ Bulbul YadabversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail was granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

Bulbul Kumar applied for anticipatory bail after being implicated in a kidnapping case (PS Kumarkhand Case No. 161 of 2025) under Sections 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he kidnapped a married woman who had eloped with Rahul Kumar, Bulbul's brother. The petitioner contended he was innocent, asserting that the alleged victim had voluntarily left with his brother. The State opposed the bail. Considering the circumstances, the court allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • Bharatiya Nyaya Sanhita
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88742 of 2025
                 Arising Out of PS. Case No.-161 Year-2025 Thana- KUMAR KHAND District- Madhepura
                 ======================================================
                 Bulbul Kumar @ Bulbul Yadav @ Bulbul Yadab S/o- Prithwi Yadav @
                 Prithvi Chandra Yadav R/v- Karbaili Bazar W.No-12, Ps- Kumarkhand Dist-
                 Madhepura

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Amarnath Jha
                 For the Opposite Party/s :     Mr. Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Kumarkhand P.S. Case No. 161 of 2025 registered for offences

                   under Sections 87, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is

                   accused of kidnapping the victim girl.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the victim is a married lady and she had

                   eloped with one Rahul Kumar. The petitioner is the brother of

                   Rahul Kumar.

                                5. Learned APP for the State has vehemently opposed
            Patna High Court CR. MISC. No.88742 of 2025(2) dt.15-01-2026
                                                        2/2




                      the prayer for bail.

                                   6. Considering the facts and circumstances of the

                      case, this application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

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

                      the like amount each to the satisfaction of learned A.C.J.M-II,

                      Madhepura/concerned            Court      below      in   connection   with

                      Kumarkhand P.S. Case No. 161 of 2025                        subject to the

                      conditions as laid down under Section 482(2) of the BNSS.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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