Case Comment: Amlesh Kumar V. State Of Bihar (2025)
- IJLLR Journal
- Feb 1
- 1 min read
Aditi Das, BBA LLB, SOA National Institute of Law (SNIL)
CITATION: SLP (Crl.) No.5392 of 2024
BENCH: Justice Sanjay Karol and Justice Prasanna B. Varale
JUDGMENT DATE: 9 June 2025
INTRODUCTION
The use of scientific investigative techniques such as narco-analysis has raised significant questions relating to personal liberty and right and self-incrimination. The Indian Constitution has consistently maintained that the investigative procedures cannot override fundamental rights that are present under Part III of the Indian Constitution.
The Supreme Court judgment in Amlesh Kumar v. State of Bihar is significant as it examines the legality of acceptance of narco-analysis at the bail stage under Section 439 of the Code of Criminal Procedure. The judgment reaffirms the principles laid down in Selvi v, State of Karnataka and limited the scope of bail proceedings, cautioning the court not to convert bail proceedings into a mini-trial. The ruling thus strengthens constitutional safeguards against coercive investigative practices.
FACTS OF THE CASE
On 24th August 2022, an FIR was registered at Mahua Police Station, Bihar, against Amlesh Kumar and his family members under Sections 341, 342, 323, 363, 364, 498A, 504, 506, and 34 of the Indian Penal Code, 1860. The FIR was registered after the sudden disappearance of Amlesh’s wife under mysterious circumstances.
During investigations, the co-accused person allegedly revealed that the woman had been killed and thrown into the river. Based on the FIR and the statement revealed by the co-accused, the Sessions Court rejected Amlesh's bail application on 1 August 2023.
