Provisional bail granted under strict conditions during a pending conviction for serious offences.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

5 03-02-2026 I.A. No. 2 of 2026 This is an application seeking provisional bail for three weeks to allow the appellant to participate in the last rituals of his father who is said to have died on 23^rd January, 2026. The last rituals are fixed till 05.02.2026.

2. The appellant has been convicted and sentenced vide judgment and order dated 09.01.2024 and 11.01.2024 respectively passed by the learned Additional Sessions Judge-II, Nawada (in short ‘trial court’) in Sessions Trial No.383 of 2016 arising out of Kawakole P.S. Case No.49 of 2014 for the offences punishable under Sections 147 , 148 and 302/149 of the Indian Penal Code (in short ‘IPC’) and Section 27 of the Arms Act and has been ordered to undergo a sentence of rigorous imprisonment for life and a fine of Rs.20,000/- for the offence under Section 302 /149 IPC and in default of payment of fine, he shall further undergo rigorous imprisonment for five months. For brevity sake, the sentences awarded under other Sections of IPC and Arms Act are not being mentioned.

3. Learned counsel for the appellant submits that the appellant being one of the sons may be allowed to participate in the rituals and immediately after completion of the same, he will return to the jail.

4. Learned counsel for the informant submits that the appellant has prayed for three weeks’ provisional bail which is not required to be granted as the last rituals would come to an end on 05.02.2026 only. It is submitted that in any case, the appellant, if allowed to attend the Sharadh Ceremony of his father, be sent to the village only in police custody.

5. Learned Additional Public Prosecutor for the State submits that the appellant could have applied for parole but he seems to have moved this Court.

6. Having regard to the entire submissions, considering the fact that the rituals are to be performed within next three days only, we direct that the appellant above-named be released on provisional bail for the period up to 06.02.2026 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Nawada in connection with Sessions Trial No. 383 of 2016 arising out of Kawakole P.S. Case No. 49 of 2014. The appellant would surrender in the trial court on 07.02.2026 positively within court hours.

7. We further made it a condition that the Superintendent of Police, Nawada shall keep the appellant under vigil of the police and the local police station i.e. Kawakole Police Station shall depute adequate number of police personnel with the appellant to ensure that he does not go outside his village and does not approach prosecution side.

8. Let this order be communicated to the Jail Superintendent, Nawada as well as to the learned trial court through FAX and E-mail.

9. I.A. No. 2 of 2026 stands disposed of accordingly.

(Rajeev Ranjan Prasad, J)