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Patna High Court

SAJAN KUMARversusTHE STATE OF BIHAR

Decided
Disposal
REJECTED

Holding

The bail petition is dismissed; the petitioner is not entitled to bail.

Summary

The petitioner, Sajan Kumar, a 20‑year‑old student, was arrested in connection with the murder of the informant’s brother and charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He applied for bail, arguing that the case rests solely on a police‑recorded confession, which is inadmissible, and that there is no eyewitness or scientific evidence. The State opposed bail, contending that the murder allegation is serious, that sufficient investigative material has been gathered, and that the petitioner was the last person seen with the deceased. The court examined the nature of the offence, the alleged lack of admissible evidence, and the petitioner’s personal circumstances. Concluding that the seriousness of the charge and the possibility of the petitioner’s involvement warranted continued custody, the court denied the bail application.

Issues considered

  • Whether bail should be granted to the accused in a murder case where the primary evidence is a police‑recorded confession.
  • Whether the confession before police is admissible as evidence for bail considerations.
  • Whether the evidence collected thus far is sufficient to justify denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • confession
  • evidentiary admissibility
  • criminal procedure
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3475 of 2026
                      Arising Out of PS. Case No.-62 Year-2025 Thana- Chhaudahi District- Begusarai
                 ======================================================
                 SAJAN KUMAR S/O MUKESH DAS R/O VILLAGE- RAJAUR, P.S.-
                 GARHPURA, DISTRICT- BEGUSARAI

                                                                                     ... ... Petitioner/s
                                                        Versus
                 THE STATE OF BIHAR PATNA

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sumit Kumar Singh, Advocate
                 For the Opposite Party/s :        Mrs. Anita Kumari, APP
                 For the Informant        :        Ms. Shrishti Rani, Advocate
                                                   Mr. Jyoti Ranjan Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   26-02-2026                    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 103(1), 238, 61(2), 338,

                   336(3), 340(2), 318(4) and 3 (5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                   3. The brother of the informant is said to have been

                   killed by the unknown miscreants.

                                   4. It is submitted by learned counsel for the

                   petitioner that the present case is based upon the confession

                   made before the police which is not admissible in evidence and

                   nothing beyond the said evidence has been collected. It is

                   apparent from the First Information Report that it is a case of no
            Patna High Court CR. MISC. No.3475 of 2026(3) dt.26-02-2026
                                                        2/2




                      eye witness and no scientific evidence has also been produced.

                      Further, the petitioner, a young student of 20 years age with no

                      criminal antecedent, is in custody since 12.06.2025.

                                       5. Learned APP for the State vehemently opposed

                      the bail petition on the ground that there is a serious allegation

                      of murder and ample evidence has been collected during the

                      course of investigation.

                                         6. Taking into consideration the facts and

                      circumstances of the case and also considering the fact that the

                      present case relates to murder of informant’s brother with

                      possibility of petitioner’s complicity on the basis of him being

                      last seen with the deceased, I am not inclined to enlarge the

                      petitioner on bail for the present. The prayer for bail is hereby

                      rejected.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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