Patna High Court

Amit KumarversusThe State of Bihar

Decided: 1 April 2026
Disposal: DISMISSED
Bench: ASHOK KUMAR PANDEY

Holding

The confessional statement that led to the recovery of the victim's body is admissible, and therefore regular bail is denied.

Summary

The petitioner, Amit Kumar, was charged under sections 103(1), 238(b) and 3(5) of the BNS for the alleged murder of a girl who had gone missing while pursuing a GNM course. The prosecution relied on a confessional statement made by the petitioner to the police, which led to the recovery of the victim's body and incriminating material. The petitioner contended that the confessional statement was inadmissible and that he had no prior criminal record, seeking regular bail. The court held that the confessional statement, to the extent it resulted in the recovery of evidence, was admissible and that the seriousness of the allegations warranted denial of bail. Consequently, the petition for regular bail was rejected, with the petitioner allowed to reapply after six months if the trial remains pending, and the trial court was directed to expedite the proceedings.

Issues considered

Whether a confessional statement made to police is admissible as evidence in the present case.
Whether regular bail should be granted to the petitioner given the nature of the offences and the evidentiary material recovered.
Whether the petitioner may be detained pending trial despite lack of prior criminal antecedents.

Legislation cited

BNS — s. 103(1), 238(b), 3(5)

Subjects

regular bail
confessional statement
admissibility of evidence
BNS
sections 103, 238, 3
criminal procedure
trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87856 of 2025
                        Arising Out of PS. Case No.-379 Year-2025 Thana- BIHAR District- Nalanda
                 ======================================================
                 Amit Kumar S/O Suresh Das Resident of village- Toygarh, P.S.- Barbigha,
                 District- Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anirudh Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar Pandey, APP
                 For the Informant        :        Mr. Gopal Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   01-04-2026                     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 103 (1),

                   238 (b) and 3 (5) of the BNS.

                                3. The case of the prosecution is that daughter of the

                   informant, who was pursuing a GNM course went missing. It is

                   alleged that the petitioner was also pursuing the same course is

                   involved in her murder. The informant suspects that the

                   petitioner had killed her. During the Course of investigation, the

                   petitioner is said to have made a confessional statement and on

                   the basis of such confessional statement, the dead body of the

                   girl along with incriminating articles were recovered.
Patna High Court CR. MISC. No.87856 of 2025(5) dt.01-04-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that save

          and except the confessional statement of his own, there is

          nothing against him. It is also contended that the confessional

          statement made before the police has no evidentiary value in the

          eye of law. Moreover, the petitioner is languishing in judicial

          custody since 19.06.2025 having no criminal antecedent.

                       5. In this case, it is however apparent that pursuant to

          the confessional statement of the petitioner, the dead body of

          the girl and other incriminating materials including blood stained

          clothes were recovered. Thus, the confessional statement to the

          extent it led to the recovery is admissible evidence.

                       6. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the prayer

          of regular bail.

                       7. Considering the aforesaid facts and circumstances

          and the nature of allegation made against the petitioner, I am not

          inclined to extend him the privilege of bail which is accordingly

          rejected.

                       8. However, the petitioner is at liberty to renew his

          prayer for bail after six months, if the trial is not concluded
            Patna High Court CR. MISC. No.87856 of 2025(5) dt.01-04-2026
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                      within the said period.

                                   9. Further, the learned trial Court is hereby directed to

                      make all possible endeavors to expedite the trial and conclude

                      the same at the earliest.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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