Patna High Court

Sanjeev Kumar @ DeliveryversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: S B P SINGH

Holding

The petitioner is entitled to regular bail with conditions, as the prosecution evidence is insufficient to justify continued detention.

Summary

The petitioner, Sanjeev Kumar, was arrested in connection with a robbery of Rs. 90,000 and valuables from an Ecom Express office, alleged under Section 392 of the IPC. The prosecution’s case is based on a confessional statement of a co‑accused, and the petitioner was never subjected to a test identification parade. Counsel argued that the petitioner is innocent, that the FIR originally named unknown persons, and highlighted that a co‑accused, Raja Kumar, had already been granted bail. The State opposed the bail application. The Court, considering the length of custodial detention and lack of direct evidence, ordered the petitioner’s release on regular bail subject to a bond of Rs. 10,000 with two sureties and conditions of physical presence at trial. The bail order was conditioned on cancellation if the petitioner fails to appear on two consecutive dates without reasonable cause.

Issues considered

Whether the petitioner is entitled to regular bail despite the seriousness of the offence under Section 392 IPC.
Whether the reliance on a co‑accused’s confessional statement without a test identification parade justifies denial of bail.

Legislation cited

Indian Penal Code — s. 392

Subjects

regular bail
IPC 392
identification parade
confessional statement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1201 of 2026
                   Arising Out of PS. Case No.-19 Year-2024 Thana- CHACKMEHSI District- Samastipur
                 ======================================================
                 Sanjeev Kumar @ Delivery Son of Premlal Singh @ Premlal Mahto Resident
                 of Adharpur, P.S.- Karpurigram, and District- Samastipur


                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Priyadarshi Pankaj Raj Anand
                 For the Opposite Party/s :      Mr.Nand Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Chakmahesi P.S.

                   Case No. 19 of 2024 registered for the offences punishable

                   under Section 392 of the Indian Penal Code.

                                3. As per the prosecution case, Rs. 90,000/- along

                   with informant’s purse containing cash of Rs. 1500/-,

                   Aadhar Card and Pan Card were robbed from the office of

                   Ecom Express Ltd. Malinagar Pusa Samastipur by three

                   unknown miscreants on the point of pistol.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.1201 of 2026(2) dt.15-01-2026
                                            2/3




          the petitioner is innocent and has falsely been implicated in

          this case for no fault on his part. Initially the F.I.R. was

          lodged against three unknown persons but subsequently

          name of the petitioner has been surfaced on the basis of

          confessional statement of co-accused. The petitioner was

          never put on test identification parade. Learned counsel

          further submits that other co-accused person namely, Raja

          Kumar has already been granted bail by the Co-ordinate

          Bench of this Court vide order dated 11.07.2025 in Cr.

          Misc. No. 29208 of 2025. Petitioner is languishing in

          Judicial custody since 17.05.2024.

                       5. Learned A.P.P. appearing on behalf of the State

          has vehemently opposed the prayer for bail of the petitioner.

                       6. Keeping in view the aforesaid facts and

          considering the period under custody, let the petitioner,

          above named, be released on bail after framing of charge

          on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction

          of learned Judicial Magistrate First Class cum Additional

          Munsif, Samastipur in connection with Chakmahesi P.S.

          Case No. 19 of 2024 subject to the following conditions :-
           Patna High Court CR. MISC. No.1201 of 2026(2) dt.15-01-2026
                                                       3/3




                                  (i). Petitioner will remain physically present in

                     trial on each and every date till the disposal of the case

                     failing which, on two consecutive dates without reasonable

                     cause, the bail bond of the petitioner may be cancelled by

                     the Trial Court.

                                  (ii). One of the bailor shall be his family member.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U      T

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