Bail granted based on lack of direct evidence and improper implication in the case.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bairiya P.S. Case No. 377 of 2022 dated 07.12.2022, giving rise to S. Tr. No. 336 of 2023 instituted for the offence punishable under Sections 395 , 397 of the Indian Penal Code and Section 27 of the Arms Act .

3. The prosecution case, in short, is that some unknown persons looted away cash amounting to Rs. 8,29,655/- from the State Bank of India on gunpoint. They also assaulted the informant and other employees of the bank.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The F.I.R. has been lodged against the unknown persons. Co-accused, Raja Kumar disclosed the name of the petitioner as one of the associates in the alleged occurrence. On that basis, the petitioner has been made accused in this case. The said Raja Kumar has been granted bail by co-ordinate Bench of this Court vide order dated 31.08.2023 passed in Criminal Miscellaneous No. 55875 of 2023. It is further submitted that nothing has been recovered either from the conscious possession of the petitioner or from his house. The petitioner has been made accused in this case only on the basis of his criminal antecedents. Learned counsel for the petitioner also submits that other similarly situated co-accused have been granted bail by co-ordinate Bench of this Court vide Annexure-3 series. It is further submitted that no T.I.P. has been conducted as yet. Lastly, it has been submitted that the petitioner is in custody since 19.01.2023 having fourteen criminal cases against him in which the petitioner is on bail.

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 Xth District and Additional Sessions Judge, Bettiah, West Champaran in Bairiya P.S. Case No. 377 of 2022 giving rise to S.Tr. No. 336 of 2023, 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.

5. The petitioner within two weeks after his release from custody shall appear before the local police station along with a copy of this order and thereafter shall appear in the first week of every month to mark his attendance till the conclusion of trial.

(Khatim Reza, J)

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