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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

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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