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Patna High CourtCR. MISC./86790/2025bail granted

Sahil Raj @ Raja @ Raja Kumar v. The State Of Bihar

2026-02-18Justice Smt. Soni Shrivastava3 pages

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 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