The court determines bail availability under IPC Section 395, balancing past antecedents against current custodial conditions.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

4 19-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case has renewed his prayer for bail connection with Nirmali P.S. Case No.52 of 2018 registered for the offences punishable under Section 395 of the Indian Penal Code . He is in custody since 04.05.2023. The petitioner has got 21 criminal antecedents.

3. As per prosecution story, the informant, who is a bus driver, alleged that on 14.04.2018 at about 8.30 PM when his bus crossed Bhutaha Chowk, in the meantime, 10-12 unknown miscreants overtook the bus and then 5-6 miscreants having weapons in their hand entered into the bus and committed loot of money and mobile phones of the passengers. It is alleged that when the footage of CCTV installed in the bus was seen by the local persons, they identified the miscreants as Md. Ijrail @ Ajjo (petitioner), Mukesh Yadav, Sanjay Yadav and Petrol Yadav.

4. Learned counsel for the petitioner submits that earlier the prayer for bail of the petitioner was rejected on the ground that he had not declared his criminal antecedents. It is stated that the petitioner has got 21 criminal antecedents out of which in 11 cases, he has already been acquitted and in other 10 cases he has been granted bail.

5. Learned counsel for the petitioner submits that the co-accused who were identified in CCTV footage and from whom the recoveries have been made have already been granted bail by the learned Sessions Judge.

6. A supplementary affidavit has been filed in this regard in which categorical statements have been made that Md. Farooq who is FIR named accused identified in the CCTV footage and from whom looted articles have been recovered has been granted bail.

7. Learned APP for the State does not contest the submission of learned counsel for the petitioner.

8. In the circumstances stated hereinabove, considering that there is no recovery from the possession of the petitioner and he has remained in jail in connection with this case since 04.05.2023 and for the present only charges have been framed but the trial is not likely to be concluded in near future, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VIII, Supaul in connection with Nirmali P.S. Case No.52 of 2018, subject to the conditions as laid down under Section 480 (3) of the Bhartiya Nagarik Suraksha Sanhita .

9. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

10. And further condition that the petitioner shall present himself in course of trial on each and every date fixed in the matter and if he fails to put appearance on two consecutive dates without any cogent reason, his bond shall be cancelled.

11. This application stands allowed.

(Rajeev Ranjan Prasad, J)