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Patna High Court

Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is warranted where the accused is not named in the FIR and the only allegation against him stems from inadmissible confessional statements of co‑accused, especially when similar co‑accused have been granted bail.

Summary

Ranjan Kumar was arrested in connection with a robbery case (Section 394 IPC) where the FIR alleges that the accused injured a guard and stole Rs.7.48 lakh from Rishav Automobile. The petitioner’s name does not appear in the FIR; it only surfaces in the confessional statements of co‑accused Rohit Raj and Rahul Kumar, which the court held have no evidentiary value. He has been in custody since 20‑06‑2025 and no material possession has been recovered from him. The court noted that similarly situated co‑accused, whose names also emerged from the same confessions, had previously been granted bail. Considering the lack of direct accusation, absence of substantive evidence, and the precedent, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation and non‑tampering with evidence or witnesses.

Issues considered

  • Whether a confession of co‑accused can be used to justify detention of an accused not named in the FIR.
  • Whether the absence of the petitioner’s name in the FIR and lack of material evidence warrant grant of bail.
  • Whether precedent of bail granted to similarly situated co‑accused is applicable.

Legislation cited

Subjects

  • bail
  • confessional statement
  • IPC 394
  • robbery
  • evidentiary value
  • co‑accused
  • precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69965 of 2025
                      Arising Out of PS. Case No.-526 Year-2020 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Ranjan Kumar S/o Rambabu Singh R/o - Saketpuri, Bazar Samitee, P.S -
                 Bahadurpur, District - Patna (Bihar)

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nikhil Kumar Singh,Adv.
                 For the Opposite Party/s :      Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   16-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Agamkuan P.S. Case no.526 of

                   2020 registered under section 394 of IPC.

                                3. Allegation in the F.I.R is that the accused persons,

                   after brutally injuring the guard, entered into the office of

                   Rishav Automobile Pvt. Ltv, and took away Rs.7,48,600/- from

                   the drawer of the said office.

                                4. Learned counsel for the petitioner submits that

                   petitioner is not named in the F.I.R and his name has transpired

                   on the confessional statement of co-accused Rohit Raj and

                   Rahul Kumar made before police which has no evidentiary

                   value. It is further submitted that there is no recovery made from
Patna High Court CR. MISC. No.69965 of 2025(5) dt.16-02-2026
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          the conscious possession of the petitioner and the petitioner was

          never put on T.I parade. The petitioner is in custody since

          20.06.2025 and undertakes to cooperate in the case/trial.

          Further, similarly situated co-accused persons, upon whose

          confession the name of the petitioner has transpired, have been

          granted bail by co-ordinate Benches of this Court vide orders

          dated 15.12.2021 and 19.01.2022 passed in Cr. Misc. Nos.

          27280 of 2021 and 32457 of 2021.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering that petitioner is

          not named in the F.I.R and similarly situated co-accused, upon

          whose confession the name of the petitioner has transpired, have

          already been granted bail by aforementioned orders dated

          15.12.2021 and 19.01.2022, the petitioner is directed to be

          enlarged on bail in connection with Agamkuan P.S. Case no.526

          of 2020 of 202 on furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor Court, subject to the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be
              Patna High Court CR. MISC. No.69965 of 2025(5) dt.16-02-2026
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                        properly represented on each and every date fixed by the Court.

                                     (II) If the petitioner tampers with the evidence or the

                        witnesses of the case, in that case, prosecution will be at liberty

                        to move for cancellation of bail of the petitioner.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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