Rahul Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91656 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== Rahul Kumar Pandey S/O Raju Pandey R/O Village- Kamangargali, P.SKhajekala, Distt.- Patna, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-03-2026 Heard Mr. Rajeev Kumar, learned counsel appearing on behalf of the petitioner and Mr. Narendra Kumar Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Khusrupur P.S. Case No. 79/2025 registered for the offence(s) punishable under Sections 303(2),307,3(5), of the BNS.
3. As per the allegation made in the FIR, the informant alleged that a sum of Rs. 2 lakhs were stolen from his vehicle which was parked near a hotel.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. The alleged recovery was made from one Santosh Pandey, who was working at the
Patna High Court CR. MISC. No.91656 of 2025(3) dt.19-03-2026 2/3 hotel where the informant had parked his vehicle on the date of lodging of the FIR. The said Santosh Pandey, in his confessional statement, has disclosed the complicity of the petitioner in the alleged offence. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegations made in the FIR, this Court finds that, as per paragraph no. 8 of the supplementary case diary, recovery has been made from coaccused Santosh Pandey. The complicity of the petitioner has been disclosed solely on the basis of the confessional statement of the said co-accused, which has no substantive evidentiary value. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending /
Patna High Court CR. MISC. No.91656 of 2025(3) dt.19-03-2026 3/3 Concerned Court in connection with Khusrupur P.S. Case No. 79/2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J) Ashishsingh/- U T