Court allows bail considering the absence of incriminating evidence and significant duration of custody.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 303 (2) of Bharatiya Nyaya Sanhita .

3. As per the prosecution case, the informant had parked his Scooty bearing Registration No. BR- 01BW-9304 in front of his house, but later, despite intense search, he could not find it there.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on the basis of his confessional statement. It is further submitted that the alleged Scooty was recovered from possession of co-accused Bhola Kumar. Moreover, the petitioner is languishing in judicial custody since

03.07.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail, after framing of charge. The above named petitioner is directed to be enlarged on bail, after framing of charge, in connection with Alamganj P.S. Case No. 616 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Patna City, Patna, with following condition:-

(a) One of the bailors should be close relative/family member of the petitioner.

(S. B. Pd. Singh, J)