Created by Fuzzy Cloud

Patna High Court

Sahil Raj @ Raja @ Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail.

Summary

The petitioner, Sahil Raj, was arrested in connection with the murder of an unidentified deceased whose body was found near Doha River, alleged under Sections 103(1), 238 of the B.N.S. and Section 27 of the Arms Act. The prosecution’s case relied on a confessional statement of co‑accused Shalu Kumari, who named the petitioner’s friend Shubham Kumar alias Bhola as the shooter, and on the petitioner’s own statement to police, both of which the court held lack evidentiary value. There were no eye‑witnesses and the petitioner had no prior criminal record, having been in custody since 26‑07‑2025. The State opposed bail, citing the FIR allegations, while the petitioner’s counsel argued the lack of substantive evidence. Considering the absence of reliable evidence, the filing of a charge‑sheet, and the petitioner’s clean record, the court granted bail on a bond of Rs 10,000 with two sureties and conditions of personal appearance. The order was pronounced by Justice Soni Shrivastava.

Issues considered

  • Whether the confessional statements of the co‑accused and the petitioner have evidentiary value sufficient to deny bail
  • Whether the petitioner, named in the FIR but lacking eye‑witness testimony and prior criminal antecedents, is entitled to bail

Legislation cited

Subjects

  • bail
  • confessional statement
  • no eye witness
  • charge sheet
  • Arms Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86790 of 2025
                    Arising Out of PS. Case No.-318 Year-2025 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Sahil Raj @ Raja @ Raja Kumar S/o- Sri Shankar Singh @ Shankar Singh
                 Resident of Village- Rawaich, P.s- Bhaktiyarpur, Dist-Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajendra Narain, Sr. Advocate
                                                 Mr. Brajesh Prasad Gupta, Advocate
                 For the Opposite Party/s :      Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   18-02-2026                  Heard Mr. Rajendra Narain, learned senior counsel for

                   the petitioner and learned APP for the State.

                                    2. The petitioner seeks bail in a case registered for

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

                   and Section 27 of the Arms Act.

                                   3. As per the prosecution case, on 07.07.2025 at

                   about 08:15 a.m. on information, the informant along with a

                   police team reached near the bridge of Doha River and found a

                   dead body lying in the river. Marks of bullet injury and sharp

                   cut injury were found on the dead body.

                                   4. The learned senior counsel for the petitioner

                   submits that F.I.R. has been lodged against unknown after

                   recovery of the dead body of the deceased near the river. As a
Patna High Court CR. MISC. No.86790 of 2025(3) dt.18-02-2026
                                            2/3




          matter of fact, there is no eye witness to this case and the name

          of the petitioner transpired in this case on the confessional

          statement of co-accused, Shalu Kumari, who, in her own

          confessional statement recorded before the police, has taken the

          name of her paramour, Shubham Kumar alias Bhola, who is the

          friend of the petitioner. Even going by the confessional

          statement of co-accused and petitoner himself, the thrust of the

          allegation appears to be against Shubham Kumar alias Bhola

          who is said to have fired at the deceased. It is also submitted

          that the said Shalu Kumari has already been released on bail

          vide order dated 11.02.2026 passed by this Court in Cr. Misc.

          No.73558 of 2025. The petitioner is in custody since

          26.07.2025 with no criminal antecedent.

                          5. Learned APP for the State opposed the grant of

          bail on the ground of allegations made in the First Information

          Report.

                         6. Taking into consideration the facts and

          circumstances and also considering the fact that the name of

          the petitioner has transpired in the confessional statement of the

          co-accused and his own confession before police which has no

          evidentiary value in the eye of law, coupled with the fact that

          charge-sheet has been submitted, let the above named
            Patna High Court CR. MISC. No.86790 of 2025(3) dt.18-02-2026
                                                        3/3




                      petitioner, who has no criminal antecedent, be released on bail

                      on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned A.C.J.M.-III, Barh/concerned Court below in

                      connection with Bakhtiyarpur P.S. Case No. 318 of 2025

                      subject to condition that:-

                      (i) The petitioner shall remain physically present in court on

                      each and every date during trial and in the event of failure on

                      two consecutive dates without sufficient reasons, his bail bonds

                      shall be liable to be cancelled by the learned court concerned.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.