Sahil Kumar @ Shubham Sahil @ Shubham Shahil @ Shahil Kumar @ Subham Sahil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59225 of 2025 Arising Out of PS. Case No.-398 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== Sahil Kumar @ Shubham Sahil @ Shubham Shahil @ Shahil Kumar @ Subham Sahil, S/o Anil Chaudhary @ Anil Kumar Chaudhary @ Amit Kumar Choudhary, R/o village - Kalyanpur Basti, Police Station - Mohiuddin Nagar , District - Samastipur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.The accused/petitioner seeks bail in connection with Dalsingsarai P.S. Case No.398 of 2024 registered for the offences punishable under Sections 103(1) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.') and Section 27 of the Arms Act.
3.The accused/petitioner is not named in the FIR and is in custody since 10.05.2025.
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4. Allegation against the petitioner is to commit murder of daughter of the informant by causing gunshot injury.
5. It is submitted by learned counsel that the name of petitioner transpired during course of investigation out of confessional statement of coaccused Harsit, where he was said to be arms supplier, which was used for committing the murder of daughter of the informant. It is submitted that in furtherance of said confession, nothing incriminating transpired during investigation or recovered, which may suggest involvement of petitioner with crime in question. It is submitted that initially upon arrest, the husband of the deceased named one Lalan Kumar as an arms supplier, who upon arrest further named Harsit Raj, who further revealed the name of this petitioner as arms supplier. It is submitted that considering the overall allegation and factual scenario, the aforesaid co-accused namely, Lalan Kumar and Harsit Raj were granted bail by one of the learned co-ordinate Bench of this Court
3/4 through Cr. Misc. No.23725 of 2025 and Cr. Misc. No.23895 of 2025 dated 20.06.2025. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. Explaining criminal antecedent of petitioner, it is submitted that petitioner found involved in two more criminal cases, where he is on bail.
6. Learned APP opposed the prayer for grant of bail to the petitioner.
7. In view of aforesaid factual submissions and by taking note of fact as save and except suspicion, prima facie nothing incriminating appears against the petitioner as to connect with present crime in question, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 10.05.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten
4/4 Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Dalsingsarai, Samastipur in connection with Dalsingsarai P.S. Case No.398 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').
(Chandra Shekhar Jha, J.) Sanjeet/- U T