Patna High Court
Shailesh Kumar Sah @ Shailesh Kumar SoniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
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
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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
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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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