The court determined eligibility for bail considering custody duration, accusations, and prior bail granted to another co-accused.

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 21-01-2026 1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Dagarua P.S. Case no.70 of 2025, registered under section 105, 110 and 287 of the Bharatiya Nyaya Sanhita , 2023.

3. As per the prosecution case, the informant states that the petitioner who are neighbours of the father of the informant were involved in illegal sale of petrol and diesel. As a result of an accident, fire started and in the same the father of the informant died. Others were also injured.

4. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. He has been falsely implicated in the case for the reason of his being the son of Md.

Hasim. Md. Hasim has been enlarged on bail vide order dated 16.12.2025 passed in Cr. Misc. no.86223 of 2025. The petitioner who has no criminal antecedent is in custody since 4.8.2025 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned A.P.P. for the State has referred to different paragraphs of the case diary including paragraph nos.9, 10 and 11 to submit that even on an earlier occasion the petitioner had promised not to be involved in illicit sale of petrol and diesel. Learned A.P.P. for the State has also brought to the notice of the Court the photographs of the accident as a result of the illegal storage of petrol and diesel by the petitioner and his father.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired against the petitioner in course of investigation, grant of bail to the F.I.R. named accused Md. Hasim vide order dated 16.12.2025 passed in Cr. Misc. no.86223 of 2025, the petitioner having remained in custody for 5 months since 4.8.2025 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Dagarua P.S. Case no.70 of 2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia.

(Partha Sarthy, J)