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Patna High Court

Ganga YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail was granted as the petitioner was exonerated by the police and there was no likelihood of him absconding, making bail appropriate under Section 438 CrPC.

Summary

The petitioner, Ganga Yadav, sought anticipatory bail fearing arrest in a kidnapping case (IPC Sections 365 and 34) registered as Tarabari P.S. Case No. 63 of 2017. He claimed he was falsely implicated and that the police investigation had exonerated him, submitting a final form which the lower court ignored. The State opposed the bail. The High Court examined whether anticipatory bail under Section 438 of the CrPC was appropriate despite the lower court’s cognizance. Finding the petitioner’s innocence indicated by the police report and no risk of fleeing, the Court allowed the anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 438(2) CrPC and Section 482 of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC when the petitioner has been exonerated by police but the lower court has taken cognizance.
  • Whether the lower court erred in disregarding the final form submitted by the investigating agency.
  • Whether the petitioner poses a risk of absconding or tampering with evidence in the case under IPC Sections 365 and 34.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • false implication
  • Section 438 CrPC
  • Section 482 BNSS
  • Indian Penal Code
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88483 of 2025
                       Arising Out of PS. Case No.-63 Year-2017 Thana- TARABARI District- Araria
                 ======================================================
                 Ganga Yadav Son of Late Kinlal Yadav Resident of Village- Dipnagar, Dhum
                 Tola, Ward No. 10, P.S.- Sikti, District- Araria (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kumar Ravish, Advocate
                 For the Opposite Party/s :       Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Tarabari P.S. Case No. 63 of 2017 registered for

                   the offence under Sections 365 and 34 of the Indian Penal Code.

                                   3. As per the prosecution case, petitioner and other

                   accused persons are alleged to have kidnapped the father of the

                   informant.

                                4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and he has falsely been

                   implicated in this case. It is further submitted that during

                   investigation, police exonerated the petitioner and submitted

                   final form and thereafter, learned court below has disagreed with

                   the final form and has taken cognizance. Petitioner has clean
              Patna High Court CR. MISC. No.88483 of 2025(2) dt.15-01-2026
                                                          2/2




                        antecedent.

                                      5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail of the petitioner.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, be released on bail on furnishing bail

                        bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of the learned Judicial

                        Magistrate 1st Class, Araria/ concerned Court below in

                        connection with Tarabari P.S. Case No. 63 of 2017, subject to

                        the conditions laid down in Section 438(2) of the Code of

                        Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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