The court allowed bail despite the serious charges due to lack of evidence against the petitioner and precedent grant of bail to co-accused.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

4 21-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Imamganj P.S. Case No. 02 of 2024 dated 04.01.2024, instituted for the offence punishable under Section 364(A) of the Indian Penal Code .

3. The prosecution case, in short is that, some unknown persons have kidnapped the son of the informant and demanded ransom of Rs. five lakhs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is not named in the FIR. Only on the basis of confessional statement of co-accused, Amit Kumar and Rahul Kumar Ranjan, the petitioner has been made accused in this case. Learned counsel further submitted the said accused persons, namely, Amit Kumar and Rahul Kumar Ranjan have already been granted bail by the learned trial court itself on 30.05.2024. It is further stated that no TIP has been conducted as yet. No incriminating articles has been recovered either from the conscious possession or from the house of the petitioner. Lastly, it has been submitted that the petitioner is in custody since 24.01.2025, having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Addl. Session Judge I, Sherghati, Gaya in Imamganj P.S. Case No. 02 of 2024, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J)