Patna High Court
SAJAN KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 318(4), 336(3), 338, 340(2), 3(5), 61(2)
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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