A petitioner can be granted bail if not named in FIR and lacks incriminating evidence, despite serious allegations.

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 318 (4), 316(2), 115(2), 127(1), 117(2), 303(2), 3(5) of Bharatiya Nyaya Sanhita . 3. Allegation in the present case is that the informant was cheated, assaulted and his mobile phone was looted. The prosecution case, in brief, is that the informant had posted an advertisement on the OLX application for sale of his mobile phone, pursuant to which he received a call from a prospective buyer. A meeting was initially fixed at Chhapra Railway Station, but the caller subsequently asked him to come to Sadisopur Railway Station. When the informant reached there, three accused persons allegedly snatched his mobile phone and assaulted him with sticks and bamboo.

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 anything incriminating has been recovered from his conscious possession. There is delay of 53 days in the TIP. Moreover, the petitioner is languishing in judicial custody since 25.08.2025. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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. The above named petitioner is directed to be enlarged on bail in connection with Bihta P.S. Case No. 301 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 II, Danapur, Patna.

(S. B. Pd. Singh, J)