Patna High Court
Subhash Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted anticipatory bail to the petitioner, subject to conditions, despite the trial court’s cognizance of the case.
Summary
The petitioner, Subhash Kumar Yadav, was implicated in a 2017 case (PS‑63) for offences under IPC Sections 365 and 34 based on an informant’s allegation that he and others abducted his father. The police investigation concluded with a final form (No. 77/2023) finding the petitioner innocent, yet the trial court took cognizance of the case on 8 May 2025. Fearing arrest, the petitioner applied for anticipatory bail under Section 438(2) of the Cr.P.C., arguing that the police report exonerated him and that the court’s cognizance was mechanical. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to a cash bond of Rs 10,000 and two sureties, and imposed conditions as per Section 438(2).
Issues considered
- Whether anticipatory bail can be granted when the police final report finds the accused innocent but the trial court has taken cognizance of the case.
- Whether the court’s cognizance, taken mechanically despite the exonerating police report, justifies denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 365
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC Sections 365 and 34
- cognizance
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81024 of 2025
Arising Out of PS. Case No.-63 Year-2017 Thana- TARABARI District- Araria
======================================================
Subhash Kumar Yadav S/o Ganga Lal Yadav R/o village - Dipnagar, Dhum
Tola, Ward No. 10, P.S - Sikti, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravish
For the Opposite Party/s : Mr. Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 365 and 34
of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that accused persons including the petitioner intercepted
his father while he was going to meet his Samadhi on bicycle
and abducted him.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted submitted final form bearing
Final Form No. 77/2023 dated 31.07.2023 finding the case to be
Patna High Court CR. MISC. No.81024 of 2025(2) dt.12-01-2026
2/3
true but no clue and the accused persons including the petitioner
were not sent up for trial. It is next submitted that the learned
trial court differing with the police report took cognizance by an
order dated 08.05.2025, thus petitioner apprehends his arrest. It
is further submitted that when during the course of investigating
no material transpired connnecting the petitioner with the
offence as such police submitted final form then what material
were found by the learned Magistrate in the case diary, based on
which cognizance came to be taken. It is submitted that the
cognizance has been taken in a mechanical manner. It is also
submitted that when one investigating agency after
investigation submitted final form finding the petitioner to be
innocent, whether it would be prudent for the Court to send the
appellant to jail based on an order of cognizance which came to
be taken based on the same police report which exonerated the
petitioner.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.81024 of 2025(2) dt.12-01-2026
3/3
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 the learned trial court where the case
is pending/successor court in connection with Tarabari P.S. Case
No. 63/2017, subject to the conditions as laid down under
Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…