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Patna High Court

Prince KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted as the petitioner’s alleged involvement was substantiated by the co‑accused’s confession and recovery of stolen property.

Summary

Prince Kumar, a resident of Gaya, was arrested in connection with a robbery alleged to have occurred on 12‑June‑2024, for which he seeks bail under Section 394 of the IPC. The petitioner contends he has a clean record, is not named in the FIR, and that the only link to him is a confessional statement made by co‑accused Vikram, which he argues lacks evidentiary value. The State counters that the stolen mobile was recovered from Vikram, who repeatedly contacted the petitioner and named him in his confession, thereby establishing a material connection. After hearing both sides, the court found the co‑accused’s confession and the recovered property sufficient to deny bail. Consequently, the bail petition was rejected, though the petitioner was permitted to re‑apply after charge‑framing.

Issues considered

  • Whether the petitioner is entitled to bail when the only evidence of his involvement is a co‑accused’s confessional statement and recovered stolen property.
  • Whether a confessional statement of a co‑accused has evidentiary value for the purpose of granting bail.

Legislation cited

Subjects

  • bail
  • robbery
  • Section 394 IPC
  • confessional statement
  • evidentiary value
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.24229 of 2026
                       Arising Out of PS. Case No.-64 Year-2024 Thana- SINDHUGAR District- Gaya
                 ======================================================
                 Prince Kumar S/o Narayan Yadav Resident of village -Bhawani Bigha, PS-
                 Mohanpur, Distt- Gaya
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar

                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr.Brijmohan Das
                 For the Opposite Party/s   :     Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-05-2026                1.     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                              2.     The petitioner seeks bail in connection with

                   Sindhugarh PS Case No. 64 of 2024 registered for the offences

                   punishable under Section 394 of the IPC.

                              3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and is in custody

                   since 3-12-2025 and the informant alleges that on 12-6-2024 at 7

                   pm, while he was returning home, when two unknown accused

                   intercepted him and looted his mobile, cash Rs. 20,500/- and a

                   motorcycle on point of pistol. It is next alleged that few days

                   back, Preman, Manoj, Guddu, Vinod and Dilip had abused and

                   threatened him hence based on suspicion, informant alleges that

                   occurrence might have been committed at their instance.

                              4.     Learned counsel for the petitioner submits that

                   petitioner is not named in the FIR and suspicion is raised against
              Patna High Court CR. MISC. No.24229 of 2026(2) dt.08-05-2026
                                                          2/2




                        named accused persons and his name transpired in the

                        confessional statement of Vikram in police custody which does

                        not have any evidentiary value.

                                 5.     Learned A.P.P. for the State, Sri Chandra Bhushan

                        Prasad, vehemently opposes the prayer for bail of the petitioner

                        and submits no doubt name of the petitioner transpired in the

                        confessional statement of Vikram in police custody which does

                        not have any evidentiary value, but then the looted mobile was

                        recovered from Vikram and Vikram from the looted mobile had

                        called and talked to the petitioner several times and also named

                        the petitioner in his confession of being involved in the

                        occurrence of loot.

                                 6.     After hearing the learned counsel for the parties, the

                        Court is not inclined to release the petitioner on bail.

                                 7.     Accordingly, the prayer for bail of the petitioner is

                        rejected.

                                 8.     However, the petitioner would be at liberty to renew

                        his prayer for bail after framing of charge.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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