Patna High Court
Shatrudhan SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 103(1), 238
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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