Patna High Court
Indrajeet Kumar @ Indrajeet Sah @ Indrajit Kumar @ Indrajit SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000, two sureties and conditions of personal appearance.
Summary
The petitioner, Indrajeet Kumar, was charged under Section 309(4) of the B.N.S. for allegedly robbing a motorcycle and a mobile phone at gunpoint. The prosecution’s case rests mainly on a confession recorded by police, which the petitioner claims was obtained through force and coercion, and there is no other material evidence, no recovery, and no identification in a TIP. The petitioner has been in custody since 28 June 2025, while a co‑accused, Anish Kumar, was previously granted bail in a similar case. The State opposed bail on the ground of the petitioner’s criminal antecedents, though most of his other cases are pending on bail. The Court held that the confession lacks evidentiary value and, considering the circumstances, ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of personal appearance and family surety.
Issues considered
- Whether a confession recorded by police under alleged coercion has evidentiary value for bail considerations
- Whether the petitioner’s criminal antecedents preclude the grant of bail
- Whether bail should be granted in a case where the primary material is a contested confession
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- bail
- confession
- coercion
- criminal antecedent
- robbery
- Section 309
- evidentiary value
- police confession
- TIP
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75561 of 2025
Arising Out of PS. Case No.-120 Year-2024 Thana- SINDHIYA District- Samastipur
======================================================
Indrajeet Kumar @ Indrajeet Sah @ Indrajit Kumar @ Indrajit Sah S/o
Amarjeet Sah @ Amarjit Sah R/o Village- Mohanpur, Ward No 14, PS-
Bibhutipur, Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 309 (4) of the B.N.S.
3. As per the prosecution case, four unknown persons
on the point of pistol looted motorcycle and one mobile phone
of the informant.
4. Learned counsel for the petitioner submits that the
First Information Report has been lodged against unknown and
the name of the petitioner has transpired subsequently during
the course of investigation as he was taken on remand in the
present case from another case on the basis of vague suspicion
and his self confession was recorded. Besides his own
Patna High Court CR. MISC. No.75561 of 2025(4) dt.16-02-2026
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confessional statement before police which was taken by force
and coercion, there is no other material against the petitioner.
No recovery has been made from his possession nor the
petitioner has been put on Test Identification Parade. Learned
counsel for the petitioner submits that similarly situated co-
accused, Anish Kumar @ Baudha, has also been granted bail by
a Co-ordinate Bench of this Court vide order dated 26.11.2025
passed in Cr. Misc. No. 65986 of 2025. Petitioner is in custody
since 28.06.2025 and charge sheet has been submitted.
5. Learned APP for the State opposed the bail petition
on the ground that the petitioner has criminal antecedent.
However, it has been submitted, in response, that barring one
case the petitioner is on bail in all the other cases.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
main material against the petitioner is his own confession made
before police having no evidentiary value, the above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Singhiya P.S. Case No. 120 of 2024, subject to the
Patna High Court CR. MISC. No.75561 of 2025(4) dt.16-02-2026
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conditions that :
(i) One of the bailors will be his close relative/family
members.
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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