Patna High Court

Sachin KumarversusThe State of Bihar

Decided: 19 March 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

Bail was granted to the petitioner on the condition of furnishing a bond and sureties.

Summary

The petitioner, Sachin Kumar, was arrested in connection with a murder case (Sections 137(2), 140(3), 3(5) of the Bhartiya Nayay Sanhita) arising from an alleged assault during a Ravan Dahan event on 03‑10‑2025, after which his alleged victim's husband went missing and was later found dead. The petitioner’s counsel argued that the FIR was lodged after a two‑day delay, the victim’s son did not allege any assault by the petitioner, there were no eyewitnesses, and the petitioner had no prior criminal record. The State opposed bail, contending that the case involved serious murder allegations. The court examined the lack of substantive evidence and the petitioner’s clean record, and consequently ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Chief Judicial Magistrate, Samastipur.

Issues considered

What is the appropriateness of granting bail to an accused in a murder case under Sections 137(2), 140(3), 3(5) of the Bhartiya Nayay Sanhita given the evidentiary circumstances?

Subjects

bail
murder
Bhartiya Nayay Sanhita
criminal procedure
evidence
eyewitness
prior criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91453 of 2025
                   Arising Out of PS. Case No.-337 Year-2025 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Sachin Kumar S/O Santosh Sahni Resident of vill.- Utari Ghoghraha, P.S-
                 Chakmehsi, District- Samastipur
                                                                           ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :      Mr. Bijay Bhushan Prasad, Advocate
                                                  Ms. Rani Shashi Bharti, Advocate
                 For the Opposite Party :         Mrs. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   19-03-2026                        Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Kalyanpur P.S. Case No. 337 of 2025, registered for the offence

                   under Sections 137(2), 140(3), 3(5) of the Bhartiya Nayay

                   Sanhita.

                                3. As per the prosecution case, the informant alleged

                   that, on 03.10.2025, her son Pankaj Sahni had gone to see

                   ‘Ravan Dahan’ on the eve of Durga Puja, where the petitioner

                   along with other co-accused persons brutally assaulted him and

                   her son anyhow managed to escape and safely returned home,

                   but on the same day, her husband had also gone to see ‘Ravan

                   Dahan’, but when he did not return, the informant called her

                   husband on mobile, but no response was there, thereafter the
Patna High Court CR. MISC. No.91453 of 2025(3) dt.19-03-2026
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          whole night the informant searched for her husband, but he

          could not be traced.

                        4. Learned counsel appearing for the petitioner

          submits that, in fact, the date of occurrence is 03.10.2025 and

          the FIR came to be lodged after a delay of two days and the

          dead body of the deceased was recovered on 06.10.2025. As per

          statement of the son of the informant, namely, Pankaj Sahni, as

          recorded in paragraph 3 of the case diary, he has not stated the

          factum of any assault meted out to him by the petitioner.

          Moreover, there is no eyewitness to the occurrence of murder

          and the informant’s son has not stated that his deceased father

          was seen in the company of the petitioner. The petitioner is in

          custody since 08.10.2025 having no criminal antecedents and

          charge-sheet has been submitted under Section 137(2), 140(3)

          and 3(5) of the BNS.

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

          the prayer for bail of the petitioner and submitted that this is a

          case of murder and there are serious allegation against the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, let the, above named, petitioner be released on bail on

          furnishing bail bond of Rs. 10,000/- (ten thousand) with two
          Patna High Court CR. MISC. No.91453 of 2025(3) dt.19-03-2026
                                                      3/3




                    sureties of the like amount each to the satisfaction of learned

                    Chief Judicial Magistrate, Samastipur, in connection with

                    Kalyanpur P.S. Case No. 337 of 2025.



                                               (Praveen Kumar, J)
Pawan/-

U     T

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