Patna High Court
MD. SAHBAJ ALAM @ SAHBAJ ALAM @ MD. SHAHBAJ ALAM @ MD. SHAHBAJ @ SHAHBAJversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted at this stage given the gravity of the offences and the nature of the accusations.
Summary
The petitioner, Md. Sahbaj Alam, was charged under Sections 103(1) and 309(6) of the Bharatiya Nyaya Sanhita, 2023 for the alleged shooting, robbery and murder of a victim in Beldaur. He applied for bail, claiming innocence, lack of any incriminating material in his possession, and that his name appeared only through a confessional statement of a co‑accused, which he argued had no evidentiary value. The State opposed, asserting that the petitioner had admitted guilt in a self‑confession and that witnesses supported the prosecution’s case. The court examined the seriousness of the offences, the nature of the allegations and the fact that bail for other co‑accused had already been denied. Concluding that the gravity of the charges and the circumstances did not warrant bail at this stage, the court rejected the bail application and directed the trial court to expedite the trial.
Issues considered
- Whether the petitioner is entitled to bail in view of the seriousness of the offences under Sections 103(1) and 309(6) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the confessional statement of a co‑accused, lacking independent corroboration, can be relied upon to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 309(6)
Subjects
- bail
- criminal procedure
- serious offence
- confessional statement
- evidentiary value
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78047 of 2025
Arising Out of PS. Case No.-281 Year-2024 Thana- BELDOUR District- Khagaria
======================================================
Md. Sahbaj Alam @ Sahbaj Alam @ Md. Shahbaj Alam @ Md. Shahbaj @
Shahbaj Md. Rasul @ Sabul Ali R/O Village- Chodhali, P.S- Beldaur, Dist-
Khagaria, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner, learned APP for
the State and perused the case diary.
2. The petitioner seeks bail in connection with Beldaur
P.S. Case No. 281 of 2024, instituted for the offences punishable
under Sections 103(1) and 309(6) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that, son of the
informant was attacked by some unknown miscreants. He was
shot in the chest, robbed of his phone and money, and left
critically injured on the road. Despite being taken to the
hospital, he died on the way.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.78047 of 2025(3) dt.06-02-2026
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present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submits that the petitioner is not named in the FIR. Name
of the petitioner has transpired in this case on the basis of
confessional statement made by co-accused person and the same
has got no evidentiary value. No specific allegation of firing and
looting articles have been made against the petitioner, rather the
same is general and omnibus in nature. Specific allegation of
firing and looting articles is made against co-accused Md.
Intekhar by the petitioner in his self-confession. The petitioner
is in custody since 16.06.2025 and has got no criminal
antecedent.
5. Learned APP for the State has vehemently opposed the
prayer for grant of bail to the petitioner and submitted that the
petitioner has admitted his guilt in his self-confession. It is
further submitted that on perusal of paragraph nos. 3, 9 and 12
of case diary, it appears that witnesses have supported the
prosecution case. Specific allegation is levelled against the
petitioner. Hence, the petitioner does not deserve the privilege
of bail. Bail of other co-accused has been rejected by this Court
vide order dated 08.04.2025, passed in Cr. Misc. No. 1308 of
Patna High Court CR. MISC. No.78047 of 2025(3) dt.06-02-2026
3/3
2025.
6. Considering the aforesaid facts and circumstances of
the case, nature of accusation and the gravity of the offence, this
Court is not inclined to grant bail to the petitioner at this stage.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial expeditiously.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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