Patna High Court
Sachin Yadav @ Sachin Kumar @ Sachin Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Sachin Yadav, sought bail in a case (Ekma P.S. Case No. 415 of 2024) alleging offences under Section 309(6) of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that unknown bikers stole Rs. 2,00,000 and a mobile phone from an informant, and the petitioner’s confessional statement implicated him. The petitioner contended he was falsely implicated, that the FIR named unknown miscreants, and that no material evidence besides the confessional statement was recovered from him; no T.I.P. was conducted. The State opposed bail, citing the confession and the petitioner’s criminal antecedent. After hearing both sides, the Court found the lack of substantive evidence and ordered the petitioner to be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite having given a confessional statement.
- Whether the absence of material evidence and lack of a T.I.P. justify granting bail.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
Subjects
- bail
- confessional statement
- criminal procedure
- Arms Act
- Section 309(6) B.N.S.
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4700 of 2026
Arising Out of PS. Case No.-415 Year-2024 Thana- EKMA District- Saran
======================================================
Sachin Yadav @ Sachin Kumar @ Sachin Kumar Yadav, S/O Pawan Yadav @
Pawan Kumar Yadav, Resident of Village-Sabhadra, P.S- Manjhi, Dist.- Saran
at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Ekma P.S. Case No. 415 of 2024 registered for the offence
punishable under Sections 309(6) of B.N.S. and Section 27 of the
Arms Act.
3. The case of the prosecution, in short, is that unknown
bikers took away Rs. 2,00,000/- and mobile of the informant by
intercepting him while he was returning to his home at Parsagarh.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. The F.I.R. was
lodged against unknown miscreants. During course of
investigation, he was apprehended in Ekma P.S. Case No. 295 of
Patna High Court CR. MISC. No.4700 of 2026(2) dt.02-02-2026
2/2
2025 wherein he has given his confessional statement and in his
confessional statement, he has confessed the guilt. It has further
been submitted that save and except the confessional statement,
there is nothing against him. From perusal of the order of the
learned trial Court it will transpire that the recovery of mobile was
from the possession of the co-accused. Nothing has been
recovered from the possession of this petitioner. It has also been
submitted that no T.I.P. was conducted. Petitioner is having
criminal antecedent of one case in which he is on bail. He is
languishing in judicial custody since 03.12.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned J.M. 1 st Class,
Saran at Chapra in connection with Ekma P.S. Case No. 415 of
2024.
(Ashok Kumar Pandey, J)
lata/-
U T
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