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Patna High Court

Sandeep KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied regular bail to the petitioner.

Summary

The petitioner, Sandeep Kumar, a 21‑year‑old student, applied for regular bail in a case registered under Section 394 of the Indian Penal Code for alleged robbery of a motor‑bike and cash. He has been in custody since 30 October 2025 and argues that he is not named in the FIR and that his alleged involvement stems only from a confession of co‑accused Vikram, which he contends lacks evidentiary value. The State opposes bail, pointing out that Vikram’s confession implicates the petitioner and that the stolen motorcycle was recovered from Vikram’s house, indicating the petitioner’s participation. The court, after hearing both sides, was not persuaded by the petitioner's arguments and declined to grant regular bail. However, the court allowed the petitioner to file a fresh bail application after the charge sheet is framed.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 394 IPC given that the only incriminating material is a co‑accused’s confession
  • Whether a confession recorded in police custody has evidentiary value for granting bail

Legislation cited

Subjects

  • bail
  • robbery
  • Section 394 IPC
  • confession
  • evidentiary value
  • clean antecedent
  • student
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10154 of 2026
                       Arising Out of PS. Case No.-64 Year-2024 Thana- SINDHUGAR District- Gaya
                 ======================================================
                 Sandeep Kumar Son of Raghu Yadav Resident of village - Jarlahi, P.S.-
                 Sindugarh, District - Gaya.
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Satya Veer
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in Sindugarh P. S. Case

                   No.64 of 2024 registered for the offences punishable under

                   Section 394 of the Indian Penal Code.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is in custody since 30.10.2025 and is a person

                   with clean antecedent. It is next submitted that informant alleges

                   that two unknown accused intercepted him on 12.06.2024 at

                   7.00 P.M. while he was returning home on his motorcycle and

                   on point of gun looted his mobile, Rs.20,500/- and the

                   motorcycle.

                                4. The learned counsel for the petitioner submits that

                   petitioner is not named in the FIR and during course of

                   investigation his name transpired in the confession of Vikram in
               Patna High Court CR. MISC. No.10154 of 2026(2) dt.04-05-2026
                                                           2/2




                         police custody, which does not have any evidentiary value.

                                      5. Learned A.P.P. opposes the bail application and

                         submits that name of the petitioner transpired in the

                         confessional statement of Vikram but then looted motorcycle

                         was recovered from the house of Vikram and Vikram in his

                         confession before the police accepted his participation in the

                         occurrence along with the petitioner.

                                      6. The learned counsel appearing on behalf of the

                         petitioner does not dispute the said submission of the learned

                         APP, but then submits that petitioner is a student and is a young

                         boy aged about 21 years and in support of the fact that petitioner

                         is a student, the learned counsel appearing on behalf of the

                         petitioner relies on an Annexure-2 to the bail application.

                                      7. After hearing the learned counsel for the parties,

                         the Court is not inclined to release the petitioner on regular bail.

                                      8. The prayer of the petitioner for regular bail stands

                         rejected.

                                      9. However, petitioner would be at liberty to renew

                         his prayer for bail after framing of charge.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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