← Library
Patna High CourtCR. MISC./86843/2025bail granted

Sachin Yadav @ Sachin Kumar Yadav @ Sachin Kumar v. The State Of Bihar

2026-01-08Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86843 of 2025 Arising Out of PS. Case No.-331 Year-2025 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Sachin Yadav @ Sachin Kumar Yadav @ Sachin Kumar Son of Pancha Yadav Resident of Village- Sarangpur, Ps- G.B. Nagar, Dist- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar, Advocate :

Mr. Netan Chouhan, Advocate :

Mr. Divyam Kumar, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-01-2026 Heard Mr. Prashant Kumar, learned counsel for the petitioner and Mr. Akbar Ali, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with G.B. Nagar P.S. Case No. 331 of 2025, F.I.R. dated 26.07.2025 for the offences punishable under Sections 191(2), 126(2), 115(2), 118, 117,(2), 109, 303(2), 324(4), 352, 351(2) of the Bhartiya Nyay Sanhita, 2023.

3. As per the First Information Report, the informant alleged that when he was standing in front of his house, then the petitioner along with other co-accused persons came, armed with deadly weapon and assaulted him by means of farsa and iron rod.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the

Patna High Court CR. MISC. No.86843 of 2025(2) dt.08-01-2026 2/3 present case. There is case and counter case between the parties and the petitioner and the informant are agnates to each other. One Title Suit No.1218 of 2024 is pending between the parties. Although the petitioner is named in the FIR but from bare perusal of the FIR it appears that there is no specific allegation of assault or overt act against the petitioner and specific allegation of assault is attributed against co-accused person.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph3 of the bail application that the petitioner is on bail in the said matter.

6. Considering the aforesaid facts and circumstances, there is no specific allegation of assault or overt act against the petitioner and there is case and counter case between the parties and one title suit is pending between the parties, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 A.C.J.M-IV, Siwan in connection with G.B. Nagar P.S. Case No. 331 of 2025, subject

Patna High Court CR. MISC. No.86843 of 2025(2) dt.08-01-2026 3/3 to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T