Patna High Court
Subhas YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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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