Patna High Court
Sahil Raj @ Raja @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
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