The granting of pre-arrest bail requires evaluation of incriminating evidence and the antecedents of the petitioner.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

6 21-01-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Mufassil (Motihari) P.S. Case No. 428/2024 registered for the offence(s) punishable under Sections 310(2) of the BNS .

3. As per the allegation made in the FIR, some unknown persons assaulted and robbed the informant and fled away leaving behind a motorcycle and a weapon.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has been recovered from the possession of the petitioner rather petitioner’s name has surfaced in the present case on the confessional statement of the co-accused Tribhuwan Kumar. The petitioner is having clean antecedent. On these grounds the petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR and the fact that nothing incriminating has been recovered from the possession of the petitioner rather petitioner’s name has surfaced in the present case on the confessional statement of the co-accused namely Tribhuwan Kumar. The petitioner is having clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending in connection with Mufassil (Motihari) P.S. Case No. 428/2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J)