Patna High Court

Sachin UpadhyayversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner.

Summary

Sachin Upadhyay was arrested in connection with the alleged killing of Dhananjay Giri and Guddu Yadav, charged under Sections 103(1), 61(2), 111 and 3(5) of the B.N.S. and Section 27 of the Arms Act. The petitioner contended that the informant was not an eye‑witness, the FIR did not specify whose bullet caused the injuries, and he had no prior criminal record, having been in custody since 22‑08‑2025. The State opposed bail, arguing the seriousness of the offences. The Court examined the lack of specific identification, the petitioner’s clean antecedents and the period of custody, and concluded that bail was appropriate. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the charges under the B.N.S. and Arms Act
Whether the evidence on record, particularly the lack of an eye‑witness and specific identification, justifies continued detention

Legislation cited

Arms Act — s. 27
B.N.S. — s. 103(1), 111, 3(5), 61(2)

Subjects

bail
criminal procedure
Arms Act
murder
evidentiary insufficiency
clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.83173 of 2025

                      Arising Out of PS. Case No.-326 Year-2025 Thana- SANGRAMPUR District- East
                                                        Champaran
                 ======================================================
                 Sachin Upadhyay S/O Upendra Upadhyay Resident of Village- Dariyapur
                 Tiwari Tola, P.S- Sangrampur, District- East Champaran (Bihar).

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mr. Krishna Prasad Singh, Sr. Advocate
                                                  Mr. Sanjay Kumar Tiwari, Advocate
                                                  Mr. Mohan Kumar Tiwari, Advocate
                                                  Mr. Ujjwal Kumar, Advocate
                 For the State            :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   12-02-2026                    Heard Mr. Krishna Prasad Singh, learned senior

                   counsel for the petitioner and Mr. Pramod Kumar Pandey,

                   learned A.P.P. for the State.

                                  2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103(1), 61(2), 111 and 3(5)

                   of the B.N.S. and Section 27 of the Arms Act.

                                  3. As per prosecution case, all 14 F.I.R. named

                   accused persons, including this petitioner, are alleged to have

                   killed husband of informant, namely Dhananjay Giri and one

                   Guddu Yadav by firing gun shot.
Patna High Court CR. MISC. No.83173 of 2025(3) dt.12-02-2026
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                       4. Learned senior counsel for the petitioner submits

          that petitioner is quite innocent and has committed no offence.

          From bare perusal of the F.I.R. it is apparent that informant is

          not an eye witness to the occurrence. Even as per prosecution

          case, all 14 F.I.R. named accused persons, including this

          petitioner, are alleged to have made indiscriminate firing as a

          result husband of informant, namely Dhananjay Giri sustained

          two fire arm injuries whereas Guddu Yadav sustained one fire

          arm injury, however, it is not specific that whose fire hit the

          deceased persons. Moreover, charge-sheet has already been

          submitted and petitioner, having no criminal antecedents, is in

          custody since 22.08.2025.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, period of custody and clean antecedents of the petitioner,

          the prayer for grant bail of to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner be

          released on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Chief Judicial Magistrate,            East

          Champaran in connection with Sangrampur P.S. Case No. 326
             Patna High Court CR. MISC. No.83173 of 2025(3) dt.12-02-2026
                                                         3/3




                       of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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