Subhash Kumar Yadav v. The State Of Bihar

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 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