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Patna High Court

Sandesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the confessional statement has no evidentiary value and, in view of the delay and lack of other material, bail must be granted.

Summary

The petitioner, Sandesh Kumar, applied for bail in a murder case registered under Section 137(2) of the Bihar Narcotic Substances Act, 2023, where the FIR was lodged two days after the alleged incident and named unknown persons. During investigation, the petitioner was allegedly subjected to custodial torture and forced to give a confessional statement implicating himself, which the petitioner contended has no evidentiary value. The prosecution opposed bail, relying on the allegations and medical evidence, while the petitioner argued the confession was inadmissible and that the towel evidence was independently recovered. The court noted the delay in filing the FIR, the lack of material against the petitioner apart from the coerced confession, and held that the confession could not be used as evidence. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of family surety and regular appearance in the trial court.

Issues considered

  • What is the evidentiary value of a confessional statement obtained under alleged custodial torture?
  • Does the delay in lodging the FIR and the fact that it names unknown persons affect the grant of bail?
  • Should bail be granted under Section 137(2) of the Bihar Narcotic Substances Act, 2023 in the absence of substantive evidence beyond the confession?

Legislation cited

Subjects

  • bail
  • confessional statement
  • custodial torture
  • delay in FIR
  • evidentiary value
  • Section 137(2) BNS 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73119 of 2025
                 Arising Out of PS. Case No.-96 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
                 ======================================================
                 Sandesh Kumar Son of Baldev Singh @ Valdev Singh Resident of Village -
                 Sallehpur, Police Station - Vishambharpur, District – Gopalganj


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amresh Kr. Sinha, Adv.
                                                 Mr.Thakur Brajesh Singh, Adv.
                                                 Mr. Tooba Heera, Adv.
                 For the Opposite Party/s :      Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   11-02-2026                     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 Vishambharpur P.S. Case no.96 of

                   2025 registered under section 137(2) of BNS, 2023.

                                 3. Allegation in the F.I.R is that on 02.05.2025 the

                   informant’s husband left home but did not return and

                   subsequently, his dead body was recovered in a sugar cane field.

                                 4. Learned counsel for the petitioner submits that

                   FIR was lodged after a delay of two days and the same was

                   lodged against unknown persons. Subsequently, during course

                   of investigation, the petitioner was subjected to custodial torture
Patna High Court CR. MISC. No.73119 of 2025(4) dt.11-02-2026
                                            2/3




          and was forced to give confessional statement showing his

          complicity and also showing the use of towel for the murder

          which was subsequently shown to be recovered from the place

          of occurrence. It has further been submitted that such

          confessional statement taken by the police has no evidentiary

          value in the eye of law. So far as recovery on the basis of

          confessional statement is concerned, the inquest report of the

          deceased has been brought on record to the notice of this Court

          which was prepared on 04.05.2025 and the same indicates that a

          towel was already found besides the dead body. As such, the

          present case is not one of confessional statement leading to

          recovery. It has further been submitted that petitioner is a young

          boy and he is in custody since 19.05.2025. He undertakes to

          cooperate in the case/trial and charge-sheet has been submitted

          in the case.

                       5. The application for bail is opposed by learned

          A.P.P. for the State on the ground that there are allegations

          against the petitioner and the oral evidence stands corroborated

          by the medical evidence.

                       6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering that the factum

          of delay in lodging of the F.I.R that too against unknown
              Patna High Court CR. MISC. No.73119 of 2025(4) dt.11-02-2026
                                                          3/3




                        persons and there is no other material available against this

                        petitioner except his confession before police which has no

                        evidentiary value in the eye of law, the petitioner is directed to

                        be enlarged on bail in connection with Vishambharpur P.S. Case

                        no.96 of 2025 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 on the following conditions:-

                                     (I) One of the bailors of the petitioner shall be the

                        family member/close relative of the petitioner.

                                     (II) The petitioner shall remain physically present in

                        the learned trial Court on each date and shall cooperate in the

                        trial. In case the petitioner is absent on the two consecutive

                        dates without sufficient reasons, the learned trial Court would be

                        at liberty to cancel the bail bonds of the petitioner.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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