Brajesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50987 of 2025 Arising Out of PS. Case No.-211 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== BRAJESH PANDEY S/O BIDYANAND PANDEY @ Dityanand Pandey R/o vill - Manikpur Saraiya, Matiyaraikothi, P.S.- Harsidhi, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 211 of 2025, instituted for the offences punishable under Sections 317(2), 318(4), 336(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that two stolen Bolero vehicles have been recovered from the possession of coaccused persons and on demand of papers, they failed to produce any valid documents before the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.50987 of 2025(2) dt.07-08-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not arrested on spot and name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused persons, namely Rajeshwar Das and Umesh Das and the same has got no evidentiary value. It is further submitted that no any stolen articles have been recovered from the possession of the petitioner and the petitioner is not the owner of the alleged vehicle, therefore, there is no occasion to sell the alleged vehicles to the co-accused persons. The petitioner is in custody since 20.04.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.50987 of 2025(2) dt.07-08-2025 3/3 below/concerned Court in connection with Harsidhi P.S. Case No. 211 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T