Subhash Kumar Yadav @ Subhash Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Subhash Kumar Yadav @ Subhash Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: on arrest/surrender within four weeks, petitioner to be enlarged on bail on a bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-III, Sikrahana at Dhaka, East Champaran, Motihari/concerned court in connection with Ghorasahan P.S. Case No. 396 of 2024, subject to the conditions under Section 438(2) Cr.P.C./Section 482(2) B.N.S.S.

Issue for consideration

Whether the accused-petitioner, named in the F.I.R. in Ghorasahan P.S. Case No. 396 of 2024 and apprehending arrest for the listed Bhartiya Nyay Sanhita offences, should be enlarged on anticipatory bail notwithstanding his criminal antecedents, given that the allegation against him is general and omnibus and the matter appears compromised between the parties.

Court's answer

Taking note of the factual submissions, the Court found the allegation qua the petitioner to be very much general and omnibus and the core issue between the parties to appear compromised as per Annexure P/3 of the application, and on that basis deemed him fit to be enlarged on anticipatory bail.

Ratio / Principle

The above-named petitioner, in the event of his arrest/surrender within a period of four weeks, is directed to be enlarged on bail on furnishing a bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-III, Sikrahana at Dhaka, East Champaran, Motihari/concerned court, in connection with Ghorasahan P.S. Case No. 396 of 2024.

Key takeaways

The enlargement on bail is made subject to the conditions laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.).ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail allowed — Patna High Court, Cr. Misc. No. 1409 of 2025, order dt. 05-02-2025 (Chandra Shekhar Jha, J). The accused-petitioner, Subhash Kumar Yadav @ Subhash Yadav, named in the F.I.R. in Ghorasahan P.S. Case No. 396 of 2024 (East Champaran) for offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 308(2), 303(2), 352, 351(2) of the Bhartiya Nyay Sanhita, apprehended arrest over an alleged group robbery in which cash of Rs. 5,000/- was looted from the informant. Taking the allegation qua the petitioner to be 'very much general and omnibus' and the core issue between the parties to 'appear compromised' (Annexure P/3), the Court directed that, in the event of arrest/surrender within four weeks, he be enlarged on bail on a bond of Rs. 10,000/- with two sureties of the like amount each before the learned A.C.J.M.-III, Sikrahana at Dhaka, East Champaran, Motihari, subject to the conditions under Section 438(2) Cr.P.C./Section 482(2) B.N.S.S. Counsel had pleaded that criminal antecedents alone ought not defeat bail where the merits balance in the applicant's favour, relying on Prabhakar Tewari v. State of Uttar Pradesh, (2020) 11 SCC 648; the Court's order does not expressly engage that precedent.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1409 of 2025

Arising Out of PS. Case No.-396 Year-2024 Thana- GHORASAHAN District- East Champaran

======================================================

Subhash Kumar Yadav @ Subhash Yadav S/o- Chhathu Ray Resident of village - kaswa, kadamwa, P.S - Ghorasahan, Dist- East Champaran

... ... Petitioner

Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Prateek Tandon, Advocate For the Opposite Party/s : Mr.Brajendra Nath Pandey,APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 05-02-2025

Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Ghorasahan P.S. Case No. 396 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 117(2), 109, 308(2), 303(2), 352, 351(2) of the Bhartiya Nyay Sanhita (in short the ‘B.N.S.’).

3. The allegation against petitioner is to commit robbery along with other named co-accused persons and while committing so, assault the informant and looted cash of Rs.

5000/- from the pocket of the informant.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.1409 of 2025(2) dt.05-02-2025 2/3

petitioner submitted that both parties belong from same village and out of previous enmity, petitioner was implicated with this case. It is further submitted that allegation, as raised against this petitioner, is very much general and omnibus in nature.

5. It is submitted that matter appears compromised between the parties for which the present implication was raised, but considering exclusively criminal antecedent of the petitioner, his prayer of anticipatory bail was rejected by the learned trial court.

6. In this context, it is submitted that if the merit of case qua petitioner is convincing and suggesting balance in his favour, merely on the basis of criminal antecedent, the prayer of bail should not be denied. In support of his submission, learned counsel relied upon the legal report of Hon’ble Supreme Court as available through Prabhakar Tewari Vs.

State of Uttar Pradesh & Anr. reported in (2020) 11 SCC 648.

7. Learned A.P.P. for the State has opposed the

prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.1409 of 2025(2) dt.05-02-2025 3/3

8. In view of the aforesaid factual submissions and by taking note of the fact as allegation qua petitioner is very much general and omnibus, where the core issue between the parties appears compromised as per Annexure P/3 of the present application, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - III, Sikrahana at Dhaka, East Champaran, Motihari/concerned court in connection with Ghorasahan P.S. Case No. 396 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).

(Chandra Shekhar Jha, J)

Rajeev/-

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