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Patna High Court

Bhola Singh @ Shubham KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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