Sachin Yadav @ Sachin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28151 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- HUSSAINGANJ District- Siwan ====================================================== Sachin Yadav @ Sachin, Male, aged about 30 years, Son of Parshuram Yadav @ Prashuram Yadav, Resident of Village- Tarila, P.S.- M.H. Nagar, DistrictSiwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Shailendra Kumar Dwivedi, learned counsel appearing on behalf of the petitioner and Mr. Syed Ehteshamuddin, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Hussainganj P.S. Case No. 32 of 2025, registered for the offence punishable under Sections 126(2), 115(2), 118, 109(1), 303(2), 352, 351(2) and 3(5) of the B.N.S., 2023.
3. As per the allegation made in the FIR, petitioner along with other co-accused persons, had assaulted the informant by means of deadly weapon causing head injury to him.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.28151 of 2025(2) dt.07-05-2025 2/3 been implicated in the present case. He further submitted that specific allegation of assault is against co-accused Rakesh Yadav and the allegation against the petitioner is that he had catch hold of the informant. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact that specific allegation of assault is against co-accused Rakesh Yadav and the allegation against the petitioner is that he had catch hold of the informant. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Siwan, in connection with Hussainganj P.S. Case No. 32
Patna High Court CR. MISC. No.28151 of 2025(2) dt.07-05-2025 3/3 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T