Regular bail granted under specific conditions concerning co-operation in trial and potential misuse of bail.

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 Rajiv Nagar P.S.

Case No. 267 of 2025 dated 02-05-2025 registered under Section 303 (2) of the Bharatiya Nyaya Sanhita , 2023. 3. The prosecution case, in short, is that the informant’s son purchased an Indica car on 09.03.2025 which was stolen near his house on 01.05.2025 at night by unknown thieves.

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 during the course of investigation, four persons, including the petitioner, were arrested by the police and all four allegedly confessed their guilt. Learned counsel further submits that two of the co- accused, namely Ravikant Kumar @ Chhotu Sharma and Gaurav Kumar have already been granted regular bail by different Co-ordinate Benches of this Court vide orders dated 21.01.2026 and 15.01.2026 in Cr. Misc. Nos. 78413 of 2025 and 1020 of 2026, respectively. It is submitted that no incriminating articles have been recovered either from the conscious possession of the petitioner or from his house. Lastly, it is submitted that the petitioner has been in judicial custody since

23.06.2025 and has eight criminal cases pending against him.

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 ACJM-II, Patna or concern Court, in connection with Rajiv Nagar P.S. Case No. 267 of 2025, 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)

shyambihari/-