Patna High Court

Sunil Kumar @ Sunil YadavversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

Bail was granted to the petitioner as the evidence against him was insufficient to justify continued detention.

Summary

The petitioner, Sunil Kumar, was arrested in connection with a murder case (Sections 302/34 IPC) based solely on the confessional statement of a co-accused, as his name does not appear in the FIR. The prosecution alleged that the co-accused Abhishek Kumar abducted the informant's son, whose body was later found. The petitioner argued that he is innocent, has no prior criminal record, and that there is no eye‑witness evidence, with the only basis for his implication being the confessional statement of another accused who has since been acquitted. The State opposed bail, citing the seriousness of the offence. After considering the lack of direct evidence and the petitioner's circumstances, the court ordered his release on bail upon furnishing the required bond and sureties.

Issues considered

Whether bail should be granted to the petitioner in a murder case (IPC Sections 302/34) where the only evidence against him is a confessional statement of a co‑accused.
Whether the absence of the petitioner's name in the FIR and lack of eye‑witnesses justify bail.

Legislation cited

Indian Penal Code — s. 302, 34

Subjects

bail
murder
IPC
confessional statement
no eye witness
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4559 of 2026
                       Arising Out of PS. Case No.-22 Year-2020 Thana- KALER District- Jehanabad
                 ======================================================
                 Sunil Kumar @ Sunil Yadav, S/o Suresh Yadav, R/o Village - Hikshan Bigha,
                 P.S - Daudnagar, District - Aurangabad
                                                                          ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramakant Singh, Advocate
                 For the Opposite Party/s :       Mr. Dr.Mrityunjaya Kr. Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Kaler

                   P.S. Case No. 22 of 2020 dated 22.05.2020, instituted for the

                   offence punishable under Sections 302/34 of the Indian Penal

                   Code.

                                3. The prosecution case, in short, is that co-accused

                   Abhishek Kumar came to the house of the informant with a

                   motorcycle and took his son somewhere along with him, but his

                   son did not return. On the next day, the informant received

                   information that the dead body of his son was lying roadside. The

                   motorcycle of Abhishek Kumar was lying there in damaged

                   condition.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.4559 of 2026(2) dt.28-01-2026
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          petitioner is innocent and he has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the petitioner

          is not named in the F.I.R. The F.I.R. has been lodged against the

          sole    accused      person,     namely,      Abhishek   Kumar.   During

          investigation, the petitioner and other two accused persons have

          been made accused in this case only on the basis of confessional

          statement of co-accused, Uma Shankar Sah. It is further submitted

          that co-accused Uma Shankar Sah, in his confessional statement,

          has disclosed the name of the petitioner. Learned counsel for the

          petitioner further submits during trial, the said Uma Shankar Sah

          and one Janamjay Kumar @ Rudal Yadav have been acquitted

          vide judgment dated 25.02.2022 passed in Sessions Trial No. 115

          of 2020 / 57 of 2022. It is further submitted that there is no eye

          witness to the occurrence. Only on the basis of confessional

          statement of co-accused, the petitioner has been made accused in

          this case. Lastly, it has been submitted that the petitioner is in

          custody since 12.10.2025 having no criminal antecedents. Charge-

          sheet has been submitted in the case.

                        5. Learned A.P.P. has opposed the prayer for bail of the

          petitioner.

                        6. Having considered the facts and circumstances of the

          case and submissions of learned counsel for the parties, let the

          petitioner be released on bail upon furnishing bail bonds of Rs.
           Patna High Court CR. MISC. No.4559 of 2026(2) dt.28-01-2026
                                                       3/3




                     10,000/- (ten thousand) with two sureties of the like amount each

                     to the satisfaction of the learned District & Additional Sessions

                     Judge, IInd , Arwal, Jehanabad in Kaler P.S. Case No. 22 of 2020.


                                                                  (Khatim Reza, J)

premchand/-

U      T

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