Grant of regular bail based on the principle of parity with co-accused and the absence of recovery of incriminating materials from the petitioner, despite the presence of criminal antecedents.

ORAL ORDER

3 05-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 310(4), 310(5), 338, 336(3), 340(2), 317(2), 317(3), 317(5) of B.N.S. and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that police had information that certain miscreants have gathered to commit some offence. Two persons, namely, Murari Jha and Dhiraj Kumar were arrested and firearm were recovered from their possession. During interrogation, it was revealed that this petitioner was also planning to commit dacoity whereupon a raid was conducted.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of this petitioner. It has further been submitted that similarly situated other co-accused persons have already been granted bail by learned co-ordinate Bench of this Court vide order dated 18.11.2025 and 11.08.2025 passed in Cr. Misc. Nos. 56503 of 2025 and 52053 of 2025. The case of this petitioner stands on similar footing. Moreover, the petitioner is languishing in judicial custody since 11.02.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having criminal antecedent of four cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bachhwara P.S. Case No. 41 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai.