Patna High Court
Md. SahilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the petitioner's regular bail.
Summary
The petitioner, Md. Sahil, was arrested in connection with a case involving the murder of an informant's son, alleged to have been caused by indiscriminate firing by co‑accused. He was not named in the FIR; his name surfaced only through a confessional statement of another co‑accused. Having been in custody since 5 August 2025, he applied for regular bail under Sections 103(1), 351(3), 3(5), 62(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The State opposed the bail, arguing the seriousness of the offences. The Court, considering the nature of the accusation and the length of custody, allowed the bail application, directing the petitioner to be released on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether a person not named in the FIR but implicated through a co‑accused's confessional statement is entitled to regular bail.
- Whether the nature of the offences and the period of custody justify the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 351(3), 62(2)
Subjects
- regular bail
- bail application
- FIR
- confessional statement
- Bharatiya Nyaya Sanhita
- Arms Act
- murder
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11272 of 2026
Arising Out of PS. Case No.-317 Year-2024 Thana- BIHARIGANJ District- Madhepura
======================================================
Md. Sahil S/o Md. Moin R/o vill - Kushthan, ward no 4, P.S.- Bihariganj,
Distt.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Bihariganj P. S. Case No. 317 of 2024 registered for the
offences punishable under Sections 103(1), 351(3), 3(5), 62(2)
of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per prosecution case, it is specific case of the
informant that co-accused Md. Babar and Md. Hasnain made
indiscriminate firing upon the son of informant, namely, Md.
Shoel, who died on the spot.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R. and there is no allegation of
firing against him. Name of the petitioner transpired during
investigation in confessional statement of co-accused Rupesh
Patna High Court CR. MISC. No.11272 of 2026(2) dt.11-03-2026
2/2
Kumar who has already been granted regular bail by co-ordinate
Bench of this Hon’ble Court vide order dated 21.05.2025 passed
in Cr. Misc. No. 32046 of 2025. Petitioner is in custody since
05.08.2025.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation and period of
custody, this bail application is allowed. The petitioner, above
named, is directed to 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 the learned Sub-Divisional
Judicial Magistrate, Udakishunganj (Madhepura) in connection
with Bihariganj P. S. Case No. 317 of 2024.
(Prabhat Kumar Singh, J)
Navya/-
U T
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