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Patna High Court

Shatrudhan SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail as the prosecution’s case lacks substantive evidence beyond a co‑accused’s confessional statement.

Summary

The petitioner, Shatrudhan Singh, was arrested in connection with a murder case (Nokha P.S. Case No. 114 of 2025) alleged under Sections 103(1) and 238 of the B.N.S., 2023. The prosecution’s case is based solely on a confessional statement of co‑accused Akhilesh Kumar Singh, with no eyewitnesses or other material evidence against the petitioner. The petitioner contended that he is innocent, has no criminal antecedent, and has been in judicial custody since 25‑04‑2025. The State opposed bail, but the court noted the lack of substantive evidence and the petitioner’s clean record. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the charges under Sections 103(1) and 238 of the B.N.S., 2023.
  • Whether the confessional statement of a co‑accused, in the absence of other evidence, suffices to deny bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 103(1)
  • Section 238
  • confessional statement
  • no eyewitness
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62309 of 2025
                        Arising Out of PS. Case No.-114 Year-2025 Thana- NOKHA District- Rohtas
                 ======================================================
                 Shatrudhan Singh S/o- Kameshwar Singh Resident of Village- Mathiya P.S.-
                 Nokha, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashikant, Advocate
                 For the Opposite Party/s :       Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   05-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Nokha P.S. Case No. 114 of 2025 registered for the offence

                   punishable under Sections 103(1) and 238 of the B.N.S., 2023.

                                3. The case of the prosecution in short is that some

                   unknown miscreants have killed a lady and have thrown her in

                   the field.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. The FIR was lodged against unknown miscreants. There is

                   no eye witness of the alleged occurrence. The name of this

                   petitioner has come on the basis of confessional statement of co-
            Patna High Court CR. MISC. No.62309 of 2025(3) dt.05-02-2026
                                                        2/2




                      accused Akhilesh Kumar Singh and he has already been granted

                      bail by this court vide order dated 08.12.2025 passed in Cr.

                      Misc. No. 56650 of 2025. Petitioner has also given confessional

                      statement. Save and except confessional statement, there is

                      nothing against this petitioner. A statement has been made in

                      para-3 of this petition that the petitioner has got no criminal

                      antecedent. Moreover, the petitioner is languishing in judicial

                      custody since 25.04.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   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 enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the learned ACJM,

                      Sasaram , Rohtas in connection with Nokha P.S. Case No. 114

                      of 2025.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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