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Patna High Court

Shailesh Kumar Sah @ Shailesh Kumar SoniversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed.

Summary

The petitioner, Shailesh Kumar Sah, applied for bail in a murder case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. The deceased was killed by unknown assailants, and the petitioner and a co-accused, Ashish Kumar, were arrested. Ashish Kumar gave a self‑incriminating statement naming the petitioner, and based on that statement the murder weapon and looted articles were recovered. The petitioner has been in custody since 19‑Nov‑2025. Considering the co‑accused’s statement and the recovered evidence, the Court was not inclined to grant bail and dismissed the application, clarifying that the order is limited to the bail question and does not prejudice the trial.

Issues considered

  • Whether bail should be granted to the petitioner in view of the co‑accused’s self‑incriminating statement and recovery of the murder weapon.

Legislation cited

Subjects

  • bail
  • murder
  • self‑incriminating statement
  • criminal procedure
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21747 of 2026
                       Arising Out of PS. Case No.-547 Year-2025 Thana- BARHARIA District- Siwan
                 ======================================================
                 Shailesh Kumar Sah @ Shailesh Kumar Soni S/o- Late Ramnath Sah @
                 Ramnath Soni Village- Madhaw Matiyani, P.S.- Mirganj, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Ranjeet Kumar Pandey, Advocate
                 For the State           :        Mr.Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Barharia P.S. Case No. 547 of 2025 registered for the offence

                   punishable under Sections 103(1) and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                 3. The deceased was killed by unknown criminals.

                   Subsequently, the petitioner and one Ashish Kumar were caught.

                   Ashish Kumar gave a self inculpatory statement naming the

                   petitioner and on the statement of Ashish Kumar, the murder

                   weapon and the looted articles have been recovered.

                                 4. The petitioner is in custody since 19.11.2025.

                                 5. Considering the statement of Ashish Kumar, on

                   whose statement the murder weapon was recovered and the fact
           Patna High Court CR. MISC. No.21747 of 2026(2) dt.07-04-2026
                                                       2/2




                     that he has named the petitioner, I am not inclined to grant bail

                     to the petitioner.

                                  6. Accordingly, the application stands dismissed.

                                  7. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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