Brij Bihari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68693 of 2025 Arising Out of PS. Case No.-37 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Brij Bihari Kumar S/O Shivnarayan Sahani @ Shivnarayan Chaudhary Resident of village- Bairiyadih, P.S.- Harsiddhi, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 37 of 2024, instituted for the offences punishable under Sections 420, 379, 411, 413 & 120B of the Indian Penal Code.

3. The prosecution case, in short, is that, unknown persons are alleged to have stolen the pick-up vehicle of the informant.

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.68693 of 2025(2) dt.19-09-2025 2/3 present 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 present at the place of occurrence. Petitioner is not named in the F.I.R. Name of the petitioner has been transpired in this case on the basis of confessional statement made by co-accused, namely, Shivam Kumar and the same has got no evidentiary value. No any recovery of the stolen vehicle has been made from the possession of the petitioner. The petitioner is in custody since 01.06.2024 and has got one criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 22.04.2025 passed in Cr. Misc. No. 24692 of 2025.

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, claim based on parity 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.68693 of 2025(2) dt.19-09-2025 3/3 below/concerned Court in connection with Sugauli P.S. Case No. 37 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T