Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20387 of 2025 Arising Out of PS. Case No.-76 Year-2024 Thana- Sonki District- Darbhanga ====================================================== Brajesh Kumar, S/o Niriakhan Yadav @ Nireekhan Yadav, Resident of Village- Dohatha Ward No.10, Police Station- Ghanshyampur, DistrictDarbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21818 of 2025 Arising Out of PS. Case No.-76 Year-2024 Thana- Sonki District- Darbhanga ====================================================== Raman Kumar, S/o Satya Narayan Yadav, Resident of Village- Baur, Police Station- Ghanshyampur, District- Darbhanga ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 20387 of 2025) For the Petitioner/s :

Mr. Nilendu Kumar Choudhary For the Opposite Party/s :

Mr. Bhanu Pratap Singh (In CRIMINAL MISCELLANEOUS No. 21818 of 2025) For the Petitioner/s :

Mr. Nilendu Kumar Choudhary For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sonaki P.S. Case No. 76 of 2024, dated 02.10.2024 registered for the offence punishable

Patna High Court CR. MISC. No.20387 of 2025(2) dt.29-04-2025 2/3 under Section 309(4) of the B.N.S., 2023.

3. As per the prosecution case, while the informant was on his way to Darbhanga on his motorcycle, three accused persons on a motorcycle intercepted him and on gun point they looted his motorcycle. The allegation against the petitioners is of selling the stolen motorcycle to co-accused Keshav Mishra.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. He has further submitted that petitioners are not named in the FIR and their name transpired on the basis of confessional statement of co-accused Md. Sahmad @ Somo who was arrested on the spot. There is no recovery made from the conscious possession of the petitioners rather the recovery has been made from possession of co-accused Keshav Mishra. The petitioners were never put on Test Identification Parade. Charge-sheet has already been submitted against the petitioners. The petitioner, Brajesh Kumar has clean antecedent as stated in paragraph no. 3 of his bail petition, whereas, Raman Kumar has one criminal antecedent in which the police after investigation submitted final form showing the petitioner as not sent up for trial. The accused, Brajesh Kumar is in custody since 03.11.2024 and Raman Kumar is in custody since 03.10.2024.

Patna High Court CR. MISC. No.20387 of 2025(2) dt.29-04-2025 3/3

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as petitioners' period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail- bond of Rs. 20,000/- (Rupees Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Darbhanga, in connection with Sonaki P.S. Case No. 76 of 2024.

7. The applications stand allowed.

(Chandra Prakash Singh, J) khushbu/- U T