The court granted bail based on the absence of direct allegations in the FIR and the nature of the informant's injuries.

For the Petitioner/s : Mr. Nilesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 20-01-2026 Heard Mr. Nilesh Kumar Pandey, learned counsel for the petitioner as well as Mr. Harendra Prasad, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 01.07.2025 in connection with Chandi P.S. Case No. 304 of 2025, F.I.R. dated 12.06.2025 for the offences punishable under Sections 309(6) of the Bharatiya Nyay Sanhita, 2023 and 27 of Arms Act .

3. According to prosecution case, the informant alleged that on 12.06.2025, two miscreants came in motorcycle and snatched his blue colour shoulder bag containing Rs.1.20 lacs in cash, laptop, biometric machine, cheque books etc. It is further alleged that one of the accused fired upon the informant and somehow he managed to escape.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated. Petitioner is not named in the FIR his name transpired on the basis of confessional statement of co-accused person and his own confessional statement. Although there is allegation against the petitioner that he fired upon the informant but the injury report of the informant suggest that injury inflicted upon him is simple in nature. He further submits that the police after investigation submitted the charge sheet and the petitioner is in custody since 01.07.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matters.

6. Considering the aforesaid facts and circumstances, petitioner is not named in the FIR and his name transpired on the basis of disclosure made by co-accused person and injury inflicted upon informant is simple in nature, let the petitioner, above named, 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 Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Chandi P.S. Case No. 304 of

2025, subject to the following conditions:-

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed 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. 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.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)