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Patna High Court

Subhash Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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