Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail, holding that the prosecution’s case lacked material evidence beyond a co‑accused’s confession and the petitioner had no criminal antecedent.
Summary
The petitioner, Sandeep Kumar, sought regular bail in a case alleging offences under IPC sections 395 and 511 and Arms Act sections 25(1‑b)(a), 26 and 35. The prosecution alleged that six miscreants, armed with a pistol, threatened an informant and that the petitioner’s name surfaced during investigation, primarily based on a co‑accused’s confessional statement. The petitioner contended he was innocent, had no incriminating material recovered, no prior criminal record, and was in custody since 2 April 2026. The State opposed bail. The Court, after considering the lack of substantive evidence beyond the confession and the petitioner’s clean antecedents, ordered that bail be granted on a bond of Rs 10,000 with two sureties, subject to satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the confessional statement of a co‑accused alone suffices to justify continued detention.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Indian Penal Code — s. 395, 511
Subjects
- regular bail
- IPC 395
- IPC 511
- Arms Act
- confessional statement
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40266 of 2026
Arising Out of PS. Case No.-42 Year-2022 Thana- HARSIDHI District- East Champaran
======================================================
Sandeep Kumar S/O Madan Ram R/o Vill -lakshmipur lakhnipur P.S-paharpur
dist -East champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 395, 511 of the
Indian Penal Code and sections 25(1-b)a, 26, 35 of the Arms Act.
3. The case of the prosecution, in short, is that six
miscreants on their motorcycles accosted the informant, threatened
him at gunpoint and demanded his belongings. Some scuffle took
place between them and a country made pistol, two cartridges and a
mobile phone fell down from one of the miscreants while the
informant was snatching his jacket in the scuffle. The name of the
petitioner transpired during investigation for being involved in the
said occurrence.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.40266 of 2026(2) dt.23-06-2026
2/2
offence. He has been falsely implicated in this case. Nothing
incriminating has been recovered from the possession of the
petitioner and he has been roped in the present case on the basis of
confessional statement of co-accused Ankit Kumar. Except for this
confessional statement, there is no other material to show the
complicity of the petitioner in the alleged offence. Petitioner is
having no criminal antecedent. Moreover, he is languishing in
judicial custody since 02.04.2026.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, East Champaran, Motihari in connection with Harsidhi
P.S. Case No. 42 of 2022.
(Ashok Kumar Pandey, J)
Sneha/-
Dolly/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.