Patna High Court
Shivam @ Shivam Kumar @ GoluversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied bail, holding that the confessional statement and seriousness of the offence preclude the grant of regular bail.
Summary
Shivam Kumar was arrested in connection with a murder case (PS case no. 368 of 2024) under sections 103, 305, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that the petitioner, along with a co‑accused, killed the son of an informant, and relies primarily on a confessional statement made to police, with no eyewitness testimony. The petitioner filed an application for regular bail, claiming false implication, lack of evidentiary value of the confession, and a clean criminal record. The State opposed, emphasizing the confession and the seriousness of the offence. After hearing both sides, the Court declined to grant bail, noting the confession and the commencement of trial, and ordered the trial court to expedite the proceedings.
Issues considered
- Whether regular bail can be granted to the accused in a murder case where the prosecution's case rests mainly on a confessional statement and no eyewitnesses.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 305, 3(5), 61(2)
Subjects
- bail
- confessional statement
- murder
- regular bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88004 of 2025
Arising Out of PS. Case No.-368 Year-2024 Thana- BUDDHACOLONY District- Patna
======================================================
Shivam @ Shivam Kumar @ Golu S/O Balram Prasad Resident of Ward No.
11, Court Bazar Badhai Mohalla, P.O- Sitamarhi, P.S. Sitamarhi, Distt.-
Sitamarhi, Bihar-843302
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 24-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Buddha Colony P.S.
Case no.368 of 2024 registered under sections 103, 305, 61(2)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on search of his
missing son, the informant states that the dead body of his son
was discovered in a room. The CCTV connection had also been
cut.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case in course of
investigation on the basis of confessional statement made before
police which is of no evidentiary value. There is no eye witness
to the alleged occurrence. The petitioner is in custody since
Patna High Court CR. MISC. No.88004 of 2025(4) dt.24-02-2026
2/2
20.8.2024 and trial has commenced in the learned trial Court.
He undertakes to cooperate in the trial. The petitioner has no
criminal antecedent.
5. The application for bail is opposed by learned A.P.P.
for the State who submits that the petitioner has confessed to
having committed the crime along with the co-accused Yashraj
and of having murdered the son of the informant after he started
to hurl abuses having consumed intoxicants.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation specially the
confessional statement of the petitioner wherein the petitioner
along with one another confessed to having killed the son of the
informant after he started to hurl abuses together with trial
having commenced with examination of three prosecution
witnesses, the Court is not inclined to enlarge the petitioner on
bail and the application is rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Saurabh/-
U T
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