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Patna High Court

Subhas YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Subhas Yadav applied for anticipatory bail fearing arrest in connection with PS Ashtawan case no.112 of 2025, which alleges assault leading to the death of an informant's father. The petitioner was not named in the original FIR; his name appeared later in a restatement by the informant. Two co‑accused had already been granted bail in related proceedings, and the petitioner has no prior criminal record. The State opposed the bail, but the Court noted the lack of his name in the FIR and the bail granted to co‑accused, and ordered anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023. The order directs the petitioner to surrender within four weeks if arrested.

Issues considered

  • Whether anticipatory bail can be granted to a person not named in the FIR but later implicated through a restatement.
  • Whether the grant of bail to co‑accused influences the decision on anticipatory bail for the petitioner.
  • Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023 are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • Section 438
  • Section 482
  • bail
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14801 of 2026
                    Arising Out of PS. Case No.-112 Year-2025 Thana- ASHTHAWAN District- Nalanda
                 ======================================================
                 Subhas Yadav Son of Sheobalak Yadav Resident of Village- Dhobi Bigha,
                 P.S.- Asthawan, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anil Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr.Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   25-02-2026                     1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                  2. The petitioner apprehends his arrest in connection

                   with Ashtawan P.S. Case no.112 of 2025 registered under

                   Sections 115(2), 118(2), 126(2), 103(1), 352 and 3(5) of BNS,

                   2023.

                                3. Allegation in the F.I.R is that all F.I.R named

                   accused persons assaulted the informant and his father and in

                   the said occurrence his father succumbed to his injuries.

                                4. Learned counsel for the petitioner submits that

                   petitioner has not been named in the F.I.R as an accused and his

                   name was disclosed subsequently in the re-statement of

                   informant with allegation that this petitioner had also

                   participated in the occurrence. Further, two F.I.R named co-

                   accused, namely Sibalak Yadav and Chandan Kumar have been
          Patna High Court CR. MISC. No.14801 of 2026(2) dt.25-02-2026
                                                      2/2




                    granted bail by a co-ordinate Bench of this Court as also the

                    present Court vide orders dated 15.11.2025 and 11.02.2026 in

                    Cr. Misc. No. 61277 of 2025 and Cr. Misc. No. 87648 of 2025

                    respectively. The petitioner has no criminal antecedent and

                    undertakes to co-operate in the case/trial.

                                 5. The application for bail is opposed by learned APP

                    for the State.

                                 6. Taking into consideration the aforesaid facts and

                    circumstances of the case and also considering that petitioner is

                    not named in the F.I.R and co-accused with grave allegations

                    have been granted bail by aforesaid orders, it is directed that the

                    petitioner, above named in the event of his arrest or surrender

                    before the learned Court below within a period of four weeks,

                    be released on anticipatory bail in connection with Ashtawan

                    P.S. Case no.112 of 2025 on furnishing bail bond of Rs.10,000/-

                    (Rupees Ten Thousand) with two sureties of the like amount

                    each to the satisfaction of the learned Court concerned where

                    the case is pending/successor Court, subject to the condition laid

                    down under Section 438(2) of the Code of Criminal

                    Procedure/Section 482(2) of the B.N.S.S, 2023.


                                              (Soni Shrivastava, J)
Harsh/-
U


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