The court emphasizes the necessity of substantial evidence for conviction and permits bail when delays and circumstances suggest wrongful implication.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 27-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State .

2. Petitioner seeks regular bail in connection with Sessions Trial No.161 of 2025 arising out of Harnaut P.S. Case No. 400 of 2024 in a case registered for the offences punishable under Sections 138 , 140(1), 140(3), 142 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 , later on 103(1), 238 and 61(2)

of the B.N.S. were also added.

3 . As per prosecution story, the son of the informant left his house and went to visit some fair but did not return and thereafter, the informant named the petitioners and other coaccused for being involved in the abduction of her son with intention of killing. Later on , the dead body of the son of the informant was found.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has falsely been implicated in this case. He further submits that from perusal of the F.I.R. it is evident that informant is not the eye witness of the alleged occurrence and only a suspicion has been raised against this petitioner by the informant. During course of investigation none of the witnesses have claimed to have seen the petitioner committing the alleged occurrence. It is further submitted that the son of the informant went missing on 12/13.10.2024, but informant did not lodge any report and the written report was lodged for the first time on 17.10.2024 after recovery of dead body. Similarly situated co-accused persons, namely, Shakila Devi and Asha Devi have been granted bail by a Co-ordinate Bench of this Hon’ble Court vide order dated 06.08.2025 passed in Cr. Misc. No.21451 of 2025. Petitioner is in custody since

13.11.2024.

5 . Learned A.P.P. for the State opposes the bail application of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and period of custody , the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge-2nd, Biharsharif, Nalanda , in connection with Harnaut P.S. Case No. 400 of 2024 .

(Prabhat Kumar Singh, J)