Patna High Court
Sachin Yadav @ Sachin Kumar @ Sachin Raj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to prescribed conditions.
Summary
The petitioner, Sachin Yadav, sought anticipatory bail in connection with FIR No.332 of 2025 alleging offences under Sections 308(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is based solely on a confessional statement of a co‑accused, Raushan Kumar, and no incriminating material was recovered from the petitioner’s constructive possession. The petitioner has two unrelated prior criminal cases for which he is on bail. The court examined whether the evidence sufficed to justify arrest and considered the statutory provisions governing anticipatory bail. Finding the evidence weak and noting the petitioner’s prior bail status, the court granted anticipatory bail with standard conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the evidence.
- Whether the confessional statement of a co‑accused alone can justify the petitioner’s arrest.
- Applicability of Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita in granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 308(5), 3(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- confessional statement
- constructive possession
- prior criminal antecedent
- Section 438
- Section 482
- Bharatiya Nyaya Sanhita
- extortion
- attempt to murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30037 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Sachin Yadav @ Sachin Kumar @ Sachin Raj Yadav Ganesh Yadav @
Ganesh Kapar Resident of village - Mahangua,P.S- Kundwa Chainpur, Dist-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-06-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kundwa Chainpur P.S. Case No.332 of 2025,
F.I.R dated 06.12.2025 registered for the offences punishable
under Sections 308(5) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. According to prosecution case, on 06.11.2025 at
about 10:00 A.M., while the informant was returning home on
his motorcycle, an unknown person requested a lift and was
dropped near Mahagawa Gachhi. Thereafter, four persons
arriving on three motorcycles allegedly intercepted him, took
away his motorcycle key, threatened him with weapons, and
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demanded Rs.10,000 as extortion money. Out of fear, the
informant transferred Rs.10,000 through a scanner provided by
the accused persons. After the accused left, the informant
immediately informed the police through Dial-112. Based on his
written report dated 06.12.2025, Kundwa Chainpur P.S. Case
was instituted and investigation commenced.
4. Learned counsel for the petitioner submits that the
F.I.R. has been alleged against unknown persons and the name
of the petitioner has transpired on the basis of confessional
statement made by co-accused Raushan Kumar and nothing
incriminating is said to have been recovered from the
constructive possession of the petitioner. It has further been
submitted that the petitioner has two criminal antecedent not
akin to the instant case and he is on bail in the said cases.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
the name of the petitioner has transpired on the basis of
confessional statement made by co-accused Raushan Kumar and
nothing incriminating is said to have been recovered from the
constructive possession of the petitioner and that the petitioner
has two criminal antecedent not akin to the instant case and he is
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on bail in the said cases. Accordingly, this Court is inclined to
grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her 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 Judicial Magistrate 1st Class,
Sikarahana at Dhaka, Motihari, East Champaran, in connection
with Kundwa Chainpur P.S. Case No.332 of 2025, subject 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) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
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