Bail granted based on insufficient evidence linking the petitioner to the crime.

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 regular bail in Ahiyapur P.S.

Case No. 375 of 2024 dated 15-03-2024 registered under Section 394 of the Indian Penal Code and Section 27 of the Arms Act .

3. The allegation is that the informant’s son was intercepted by three unknown persons while returning from Darbhanga to Muzaffarpur, who attempted to commit robbery and in the process, shot him causing grievous injury and fled away with his motorcycle and belongings; and the victim is presently undergoing treatment in the ICU at Medanta Hospital, Patna.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner’s name transpired during the course of investigation merely on the basis of the confessional statement of co-accused Indrajeet Kumar. Learned counsel further submits that the said co-accused, Indrajeet Kumar, has already been granted bail by the learned Court below in Bail Petition No. 99 of 2025 vide order dated 04.02.2025. It is submitted that except the confessional statement of the co-accused, there is no material on record to establish the petitioner’s complicity in the alleged occurrence. It is further submitted that no incriminating article has been recovered from the possession of the petitioner and he has been implicated merely on the basis of suspicion and alleged past criminal antecedents. Lastly, it is submitted that the petitioner has been in judicial custody since 22.06.2024 and is stated to have eight criminal cases of similar nature.

5. Learned Additional Public Prosecutor for the State has opposed the prayer.

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 Judicial Magistrate, 1^st Class, Court No.-08, Muzaffapur (East) or concern Court, in connection with Ahiyapur P.S. Case No. 375 of 2024, subject to the following conditions: (i) that the 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, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that 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 (iv) that 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 and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.

7. The application stands allowed.

(Khatim Reza, J)