Patna High Court
Bhola Singh @ Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Bhola Singh (aka Shubham Kumar), was arrested in connection with a murder case (Bakhtiyarpur P.S. Case No. 318 of 2025) under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution’s case relied mainly on a confessional statement made by co‑accused Shalu Kumari while in police custody; the petitioner’s name does not appear in the FIR and there are no eyewitnesses or recovered incriminating articles. The petitioner, who has been in custody since 3 September 2025 and has no prior criminal record, sought bail, arguing that the confessional statement of the co‑accused has no evidentiary value. The State opposed the bail. The Court, after considering the lack of substantive evidence and the petitioner’s clean antecedents, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail can be granted when the prosecution’s case is based solely on a confessional statement of a co‑accused.
- Whether the confessional statement of a co‑accused, made while in police custody, is admissible as evidence against the petitioner.
- Whether the absence of eyewitnesses and incriminating material justifies the grant of bail in offences punishable under the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238
Subjects
- bail
- confessional statement
- murder
- Arms Act
- evidentiary value
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13435 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
Bhola Singh @ Shubham Kumar S/O Prem Kumar Singh Resident of Village-
Rawaich Ward No. 03, Police Station- Bakhtiyarpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bambahadur Jha
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Bakhtiyarpur P.S. Case No. 318 of 2025, registered for the
offence under Sections 103(1), 238 of the Bhartiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, on 07.07.2025 at 08:00
AM, upon an information, the informant along with police team
reached near the bridge of Dhowa River and found a dead body
lying in the river with marks of bullet injury and sharp cutting
injury.
4. Learned counsel for the petitioner has submitted
that the petitioner is not named in the FIR and the name of the
petitioner transpired on the basis of confessional statement of
Patna High Court CR. MISC. No.13435 of 2026(3) dt.06-05-2026
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co-accused Shalu Kumari before the police while in police
custody, which has got no evidentiary value in the eye of law. It
has further been submitted that there in no eye witness of the
alleged occurrence of murder and no incriminating article has
been recovered pursuant to the confessional statement of
petitioner before the police while in police custody. It has
further been submitted that except the confessional statement of
co-accused before the police, naming the petitioner and self-
culpatory statement of the petitioner before the police, while in
police custody, there is no other material against the petitioner.
It has lastly been submitted that petitioner is in custody since
03.09.2025 and he has got no criminal antecedents,
investigation has now been concluded and there is no allegation
of tampering against the petitioner.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. 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
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate IIIrd, Barh, in connection
Patna High Court CR. MISC. No.13435 of 2026(3) dt.06-05-2026
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with Bakhtiyarpur P.S. Case No. 318 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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