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Patna High Court

Md. SahilversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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