The court ruled that mere suspicion without evidence does not justify denial of bail.

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

3 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Parsa Bazar P.S. Case No. 209 of 2025 dated 17.05.2025, registered for the offences punishable under Sections 103(1) and 238 of B.N.S. , 2023.

3. As per allegation, the son of the informant was found dead near bridge at Mahuli channel and the informant has expressed his suspicion that his son has been killed by his friends, including the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the informant is not an eye-witness to the alleged offence and the whole case is based only on suspicion. Even during investigation, there is no material on record except the so-called confessional statement of co-accused persons before the police which has no evidentiary value and no incriminating material has been recovered from the petitioner. He also submits that similarly situated co-accused person has already been enlarged on regular bail by a co-ordinate Bench of this Court vide order dated 02.12.2025, passed in Cr. Misc. No. 82828 of 2025. He also submits that even today, a co-accused person has been granted regular bail, but the order is yet to be uploaded on the website of the Patna High Court.

5. He further submits that the petitioner has been languishing in jail since 18.05.2025.

6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent. 7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.

9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, above- named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Parsa Bazar P.S. Case No. 209 of 2025 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

(ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

(Jitendra Kumar, J)