Patna High Court
Sachin Yadav @ Sachin Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
Sachin Yadav was charged under IPC sections 302 and 34 and Arms Act section 27 for allegedly shooting a man to death. An earlier bail application was rejected in July 2025. During trial, the deceased's son turned hostile, stating he saw his father dead and could not identify the shooter. The petitioner had been in custody since 6 June 2024. Considering the son’s statement and the prolonged detention, the Patna High Court granted bail, requiring a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Sessions Judge‑IV, Saharsa. The court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to an accused of murder and arms offences under the circumstances presented.
- Whether the hostile statement of the victim's son impacts the bail consideration.
- Whether the length of pre‑trial custody justifies the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- Arms Act 27
- criminal procedure
- hostile witness
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35865 of 2026
Arising Out of PS. Case No.-236 Year-2016 Thana- SALAKHUA District- Saharsa
======================================================
Sachin Yadav @ Sachin Kumar Yadav S/o Lalit Kishore Yadav R/o Village -
Raghunathpur, PS - Sahebpur Kamal, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Salkhua P.S. Case No.
236 of 2016 registered for the offences under Section 302/34 of
the Indian Penal Code and Section 27 of the Arms Act.
3. The bail of the petitioner was earlier rejected by a
Co-ordinate Bench of this Court vide order dated 22.07.2025
passed in Cr. Misc. No. 14414 of 2025.
4. The allegation is that the petitioner shot the
deceased on the head.
5. Learned counsel for the petitioner submits that the
son of the deceased was examined during trial and he gave up
the entire prosecution case and stated that he saw his father
lying in a dead condition and he had not seen who had shot his
Patna High Court CR. MISC. No.35865 of 2026(3) dt.08-07-2026
2/2
father. He further submits that the petitioner has been in custody
since 06.06.2024.
6. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
7. Considering the statement of the son of the
deceased recorded during trial and the fact that the petitioner has
been in custody since 06.06.2024, this Court is inclined to grant
bail to the petitioner.
8. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
Additional Sessions Judge-IV, Saharsa in connection with
Salkhua P.S. Case No. 236 of 2016 (S.Tr. No. 24 of 2019).
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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