Patna High Court
Sachindra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Sachindra Kumar Yadav, was charged in Wajitpur Police Station Case No. 35 of 2025 for offences under Sections 126(2), 352, 109, 3(5) of the Bihar Non‑Compulsory Statutes and Sections 25(1‑b)a, 26, 27, 35 of the Arms Act. The incident involved a group of persons demanding cigarettes from an informant, after which co‑accused Raja Paswan fired a pistol, resulting in a live cartridge and a fired bullet being recovered. The petitioner contended that he had no role in the firing, possessed a clean antecedent, and that the main accused had already been granted bail. The State opposed the bail application. The Court, after considering the facts, ordered the petitioner’s release on regular bail with a bond of Rs.10,000 and two sureties, subject to his cooperation in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the Bihar Non‑Compulsory Statutes and the Arms Act.
- Whether the petitioner’s alleged lack of participation in the shooting and his clean antecedent justify granting bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bihar Non‑Compulsory Statutes — s. 109, 126(2), 3(5), 352
Subjects
- regular bail
- bail application
- Arms Act
- Bihar Non‑Compulsory Statutes
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9165 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- Bajitpur District- Darbhanga
======================================================
Sachindra Kumar Yadav Son of Ram Lakshan Yadav @ Ram Lakhman Yadav
Resident of Village- Chak Chintamanipur, P.S.- Wajitpur, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Wajitpur P.S. Case No. 35 of 2025, registered
for the offences punishable under Sections 126(2), 352, 109,
3(5) of the BNS and Section 25(1-b)a, 26, 27, 35 of Arms Act.
3. On 01.05.2025 at about 11:30 PM, while the
informant was sleeping at his doorstep, 5–7 persons arrived and
demanded cigarette. Upon refusal, co-accused Raja Paswan
abused the informant, took out a pistol, and fired at him.
Neighbours rushed at the spot, where one live cartridge and one
fired bullet were recovered.
4. The learned counsel for the petitioner has
Patna High Court CR. MISC. No.9165 of 2026(2) dt.26-02-2026
2/2
submitted that the petitioner is innocent and has falsely been
implicated. He is a person of clean antecedent. There is no
allegation of firing against him. He has submitted further that
main accused Raja Paswan has been granted bail and the case of
the petitioner is on better footing.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Darbhanga in connection with Wajitpur P.S.
Case No. 35 of 2025, subject to the condition that the petitioner
shall cooperate in the disposal of trial and make himself
available as and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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