Patna High Court

Sachin KumarversusThe State of Bihar

Decided: 7 July 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court held that bail should be granted subject to conditions.

Summary

The petitioner, Sachin Kumar, was charged under Sections 115(2), 125(A) and 109 of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting a professor who caught him cheating. His earlier bail application was rejected, and the trial had been delayed with no witnesses examined after charge framing. Counsel argued that the prolonged custody and clean antecedent warranted bail. The State opposed regular bail. Considering the delay and the petitioner’s circumstances, the High Court allowed the bail application, ordering release on a Rs 10,000 bond with two sureties and imposing conditions of regular police attendance and non‑intimidation of the informant. The order was limited to bail and did not prejudice the merits of the case.

Issues considered

Whether bail should be granted to the petitioner despite the nature of the offences under the Bharatiya Nyaya Sanhita, 2023
Whether the delay in trial and lack of witness examination justify bail
Whether conditions can be imposed on bail to protect the informant

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 125(A)

Subjects

bail
criminal procedure
trial delay
assault
Bharatiya Nyaya Sanhita
conditions of bail
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40426 of 2026
                       Arising Out of PS. Case No.-779 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
                 Sachin Kumar Son of Ghanesar Yadav @ Dhaneshwar Yadav Resident of
                 Mohalla- Mahkar, P.S.- Roh, District- Nawada.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Durgesh Nandan, Advocate
                 For the State           :        Mr.Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-07-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Nawada P.S. Case

                   No. 779 of 2025 registered for the offence under Sections

                   115(2), 125(A) and 109 of the Bharatiya Nyaya Sanhita, 2023.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 19.12.2025 passed in Cr. Misc.

                   No. 72197 of 2025.

                                 4. As per the prosecution case, the petitioner is said to

                   have assaulted the professor who had caught him cheating.

                                 5. Learned counsel for the petitioner submits that the

                   trial has been delayed as after framing of charge no witnesses

                   have been examined. The petitioner is in custody since
Patna High Court CR. MISC. No.40426 of 2026(2) dt.07-07-2026
                                            2/3




          27.07.2025 having clean antecedent.

                       6. Learned APP appearing for the State opposes the

          prayer for regular bail of the petitioner.

                       7. Considering the delay in trial and the period of

          custody, this application is allowed.

                       8. Accordingly, 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 learned Additional Sessions Judge Vth

          Nawada/ concerned Court below in connection with Nawada

          Town P.S. Case No. 779 of 2025.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at Roh

          Police Station, District- Nawada on the first and third Sunday of

          the month. Any default in appearance at the police station will

          result in cancellation of bail bonds of the petitioner.

                       10. Further, the grant of bail is also subject to the

          condition that the petitioner shall not intimidate or threaten the

          informant, who is the professor of the petitioner.

                       11. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioner at
           Patna High Court CR. MISC. No.40426 of 2026(2) dt.07-07-2026
                                                       3/3




                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                    (Sandeep Kumar, J)

P. Kumar

U     T

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.