Patna High Court
Durgesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Since the petitioner’s implication rests solely on a co‑accused’s confessional statement and no substantive material has been gathered, bail should be granted subject to conditions.
Summary
The petitioner, Durgesh Kumar, sought bail in a case registered under Sections 309(4) and 392 of the B.N.S. for an alleged robbery at a bank. The FIR named unknown persons, and the petitioner’s identification was derived only from a confessional statement made by co‑accused Babi Kumar to the police. The petitioner had been in custody since 22‑07‑2025 and had prior criminal antecedents, though bail had been granted in two earlier cases. The State opposed bail on the ground of the petitioner’s past record, while the petitioner argued that no substantive material besides the co‑accused’s confession existed. The court, considering the lack of independent evidence and the petitioner’s right to liberty, ordered his release on bail of Rs. 10,000 with two sureties and specific conditions regarding presence in court and a relative as bailor.
Issues considered
- Whether bail can be granted when the only incriminating material is a co‑accused’s confessional statement.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the conditions imposed on bail are lawful and appropriate.
Legislation cited
- B.N.S. — s. 309(4), 392
Subjects
- bail
- confessional statement
- identification of accused
- criminal antecedents
- conditions of bail
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19549 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Durgesh Kumar Son of Sunil Chaudhari @ Sunil Chaudhary Resident of
Village- Ward No. 03, Bhadeya, P.S.- Mohiuddin Nagar, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 01-05-2026 Heard learned 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 309(4) and 392 of the
B.N.S.
3. The prayer for bail has been renewed on the
ground that earlier vide order dated 11.02.2026 passed in Cr.
Misc. No.74044 of 2025 (Annexure-P/1), the application for
bail had been withdrawn with liberty to renew the same after
framing of charge. Learned counsel for the petitioner has
submitted that the charges have been framed on 13.02.2026, as
such, he had renewed the prayer for bail.
4. It has been submitted that the First Information
Report had been lodged against unknown persons with regard
Patna High Court CR. MISC. No.19549 of 2026(4) dt.01-05-2026
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to committing robbery in the Bank. FIR itself discloses that the
miscreants had their identity concealed as they were wearing
helmets and mask. It is, thus, submitted that the identification
of the petitioner remains doubtful. The name of the petitioner
has transpired during the course of investigation in the
confessional statement of co-accused Babi Kumar before the
police and the petitioner was then remanded in the present case
from another case. The petitioner is in custody since
22.07.2025.
5. Learned APP for the State opposed the grant of
bail on the ground that the petitioner has also criminal
antecedents. However, it has been submitted that in two of the
cases, the petitioner has already been granted bail and no
substantial material has been gathered against him during the
course of investigation barring confessional statement.
6. Taking into consideration the facts and
circumstances and considering the fact that the implication of
the petitioner is based on confessional statement of co-accused
before police, let the above named petitioner, 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.-VII, Vaishali at
Patna High Court CR. MISC. No.19549 of 2026(4) dt.01-05-2026
3/3
Hajipur/concerned Court below in connection with Jandaha
P.S. Case No. 105 of 2025 subject to condition that:-
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister.
(ii) 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)
anand/-
U T
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