Patna High Court

Sujit BhandariversusThe State of Bihar

Decided: 6 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court held that bail should be granted as the petitioner’s detention was excessive and the evidence against him was limited to a co‑accused’s confession.

Summary

The Patna High Court considered a petition for regular bail filed by Sujit Bhandari, who has been in custody since October 2023 in connection with a robbery case (Section 395 IPC) registered in 2018. The alleged offences involved armed miscreants looting cash, jewellery and other valuables from the informant’s house and his cousin’s house. The petitioner’s counsel argued that the only basis for his implication is the confessional statement of co‑accused Bala Kumar and that there is no other material linking him to the crime, and highlighted the excessive period of pre‑trial detention of over two years. The State opposed bail, citing the seriousness of the offence. After weighing the lack of substantive evidence and the prolonged custody, the court directed that bail be granted on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation in the trial and his availability as required.

Issues considered

Whether regular bail can be granted to an accused detained for over two years when the only evidence is a co‑accused’s confessional statement
Whether the seriousness of an offence under Section 395 IPC precludes the grant of bail

Legislation cited

Indian Penal Code — s. 395

Subjects

regular bail
Section 395 IPC
robbery
confessional statement
co‑accused
pre‑trial detention
Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35904 of 2025
                        Arising Out of PS. Case No.-193 Year-2018 Thana- BELA District- Sitamarhi
                 ======================================================
                 Sujit Bhandari S/o Vijay Bhandari R/o Village- Purandaha Rajwara, P.S.-
                 Sonbarsa, District- Sitamarhi
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Murari
                 For the Opposite Party/s :        Mr. Nitya Nand Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   06-01-2026                     Heard the learned counsel for the petitioner as well

                   as the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Bela P.S. Case No. 193 of 2018, registered for the offences

                   punishable under Section 395 of the IPC.

                                3. On 04.11.2018, some miscreants armed with

                   weapons entered the house and shop of the informant and looted

                   cash, clothing and jewelry. It is further alleged that they also

                   broke into house of informant’s cousin and looted gold and

                   silver ornaments along with mobile phones.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. Name of the petitioner has been transpired only on

                   basis of confessional statement of co-accused, Bala Kumar and
             Patna High Court CR. MISC. No.35904 of 2025(5) dt.06-01-2026
                                                         2/2




                       except the confessional statement of co-accused, there is

                       nothing against the petitioner to show his involvement in the

                       present occurrence. Learned counsel has also submitted that the

                       petitioner is in custody since 05.10.2023 i.e. for more than two

                       years.

                                    5. On the other hand, the learned APP for the State has

                       opposed the prayer for bail of the petitioner.

                                    6. Considering the above-mentioned facts and

                       circumstances and period of custody, let the petitioner above-

                       named, is directed to furnish bail bond and on doing so, the

                       court below shall release the petitioner on bail on furnishing bail

                       bonds of Rs.10,000/- with two sureties of the like amount each

                       to the satisfaction of learned S.D.J.M. Sadar, Sitamarhi in

                       connection with Bela P.S. Case No. 193 of 2018, subject to the

                       following conditions that the petitioner shall cooperate in the

                       disposal of trial and make himself available as and when

                       required by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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