Patna High Court

Sheikh Shamshad @ MalahaversusThe State of Bihar

Decided: 16 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

In the absence of any direct evidence against the petitioner and considering his clean record, the court held that he is entitled to regular bail.

Summary

The petitioner, Sheikh Shamshad, was arrested in connection with a murder case registered under sections 103(1) and 3(5) of the BNS. The prosecution’s case is based solely on the confessional statement of a co‑accused, Salim Akhtar, with no eyewitness testimony or other direct evidence linking the petitioner to the crime. The petitioner asserted his innocence, highlighted his lack of criminal antecedents, and noted that he has been in judicial custody since 17‑06‑2025. The State opposed the bail application, but the court examined the paucity of material evidence and the petitioner’s prolonged detention. Considering these factors, the court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The order was directed to be complied with by the District and Additional Sessions Judge, Bettiah, West Champaran.

Issues considered

Whether the petitioner is entitled to regular bail in a case under sections 103(1) and 3(5) of the BNS given the lack of direct evidence

Legislation cited

BNS — s. 103(1), 3(5)

Subjects

bail
criminal procedure
confessional statement
lack of evidence
sections 103(1) BNS
section 3(5) BNS
West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16914 of 2026
                   Arising Out of PS. Case No.-156 Year-2025 Thana- Kalibagh District- West Champaran
                 ======================================================
                 Sheikh Shamshad @ Malaha S/o- Md. Sheik Arman @ Md. Arman Resident
                 of village- Jamthar Tola, W.No-1, Ps- Kalibagh Dist- West Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mayank Mohan, Advocate
                 For the Opposite Party/s :       Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 103(1) and

                   3(5) of BNS.

                                3. The case of the prosecution is that unknown

                   miscreants have killed the husband of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of the

                   FIR, itself it is clear that the informant has alleged that the son

                   of the informant was in association with antisocial elements and

                   the deceased used to scold her on this account. He has further

                   submitted that the petitioner is a school friend of the informant’s
            Patna High Court CR. MISC. No.16914 of 2026(2) dt.16-03-2026
                                                        2/2




                      son. There is no eye witness to this case. The name of this

                      petitioner has surfaced on the basis of confessional statement of

                      co-accused Salim Akhtar. Salim Akhtar has been granted bail by

                      learned co-ordinate Bench of this court vide Cr. Misc. No.

                      80182 of 2025. Save and except confessional statement of co-

                      accused, there is nothing against this petitioner. Moreover, the

                      petitioner is languishing in judicial custody since 17.06.2025

                      having no criminal antecedent.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Kalibagh P.S. Case No. 156 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned District and Additional

                      Sessions Judge XIth, Bettiah, West Champaran.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

Continue reading with your account

Checking your session…