Patna High Court
ShamsherversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding the evidential material insufficient to justify continued detention.
Summary
The petitioner, Shamsher, was implicated in a murder case (Sangrampur P.S. Case No. 135 of 2025) under Sections 103, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 after the body of an informant's son was recovered from a river. The prosecution alleged that Shamsher, along with other accused, was involved in the killing, relying mainly on a confessional statement of co‑accused Rajeev Kumar; the petitioner’s name does not appear in the FIR. The petitioner, who had been in judicial custody since 10‑10‑2025, applied for bail, arguing lack of eyewitness evidence and that the charge was based solely on the co‑accused’s statement. The State opposed the bail. The Court, after considering the submissions and the weak evidential basis, ordered that the petitioner be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, and allowed the application.
Issues considered
- What is the adequacy of the evidential basis (confessional statement of a co‑accused and absence of eyewitnesses) to justify denial of bail?
- Whether the petitioner, not named in the FIR, should be granted bail under the provisions of the Bhartiya Nyaya Sanhita, 2023.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- murder
- confessional statement
- co‑accused
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28887 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- SANGRAMPUR District- Munger
======================================================
Shamsher Son of Md. Sameed Resident of Village - Koraji, Police Station -
Sangrampur, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Sah, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Sangrampur P.S. Case No. 135 of 2025, registered for the
offence under Sections 103, 61(2) and 3(5) of the Bhartiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, on 11.08.2025, son of
the informant left his shop and thereafter went missing. On
13.08.2025, dead body of the son of informant was recovered
from the Tauri river. Informant suspected that the petitioner
along with F.I.R. named accused persons might have killed his
son as co-accused Md. Afroz had threatened to kill his son.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.28887 of 2026(2) dt.05-05-2026
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petitioner is not named in the FIR and his name has transpired
in this case merely on the basis of confessional statement of co-
accused Rajeev Kumar who has already been granted bail by
learned co-ordinate Bench of this Court vide Cr. Misc. No.
10532 of 2026. The allegation of having threatened to kill the
son of the informant is against co-accused Md. Afroz. There is
no eye-witness to the occurrence. It is further submitted that the
deceased was missing since 11.08.2025 and his body was
recovered on 13.08.2025 but the F.I.R. was lodged on
15.08.2025 without any explanation. Charge-sheet has already
been submitted against the petitioner. Moreover, he is in
judicial custody since 10.10.2025.
5. Learned counsel appearing on behalf of the State
has vehemently opposed the prayer for grant of bail to the
petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of
the case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-IV, Munger in connection
with Sangrampur P.S. Case No. 135 of 2025.
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7. The application stands allowed.
(Ashok Kumar Pandey, J)
lata/-
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