Patna High Court

Sachin Kumar @ Sachin MandalversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

In the absence of any material linking the petitioner to the alleged murder and given his clean antecedent, the court granted anticipatory bail subject to conditions under Section 482(2) of the BNSS.

Summary

Petitioner Sachin Kumar was named in an FIR for murder under Sections 302, 120B and 34 of the IPC. The informant was not an eye‑witness and no material was produced linking the petitioner to the crime. The petitioner asserted innocence, clean antecedent and pointed out that co‑accused had already been granted anticipatory bail in a similar case. The State opposed the bail. Considering the lack of substantive evidence, the petitioner’s clean record and the precedent of bail to co‑accused, the court allowed anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail is warranted in the absence of eye‑witness testimony and material evidence linking the petitioner to the alleged murder.
Whether the petitioner’s clean antecedent and the grant of anticipatory bail to co‑accused justify the relief.
Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.

Legislation cited

Indian Penal Code — s. 120B, 302, 34

Subjects

anticipatory bail
murder
IPC
clean antecedent
Section 482
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77033 of 2025
                      Arising Out of PS. Case No.-37 Year-2024 Thana- Bhawanipur District- Bhagalpur
                 ======================================================
                 Sachin Kumar @ Sachin Mandal Son of Anil Mandal Resident of village -
                 Mandal Tola, Navtoliya Nagarpara, Police Station - Bhawanipur, District -
                 Bhagalpur.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Dr. Manoj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Tapeshwar Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 302, 120B and 34 of the

                   Indian Penal Code.

                                3. As per prosecution case, informant suspects that all

                   the F.I.R. named accused persons, including this petitioner,

                   killed her husband.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. From bare

                   perusal of the F.I.R. it is apparent that informant is not an eye

                   witness of the occurrence. It is further submitted that informant

                   has not even disclosed in the F.I.R. as to how she came to know

                   the names of all the persons who committed murder of her

                   husband. Moreover, during investigation, none of the witnesses
            Patna High Court CR. MISC. No.77033 of 2025(2) dt.16-01-2026
                                                        2/2




                      have claimed to have seen the occurrence. Except suspicion

                      there is no material on record to show the complicity of this

                      petitioner in the alleged occurrence. It is further submitted that

                      similarly situated co-accused persons have already been granted

                      anticipatory bail by this Hon’ble Court vide order dated

                      29.08.2024 passed in Cr. Misc. No. 45737 of 2024. Petitioner

                      claims clean antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering backdrop of the case, nature of

                      accusation and clean antecedent, this anticipatory bail is allowed

                      and it is ordered that let the above named petitioner in the event

                      of his arrest/surrender before the court below within a period of

                      eight weeks from today, be enlarged on bail on furnishing bail-

                      bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of Additional Chief Judicial

                      Magistrate, Naugachia in connection with Bhawanipur P. S.

                      Case No. 37 of 2024, subject to condition as laid down under

                      Section 482(2) of the BNSS.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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