The court allows bail when no specific overt acts are attributed to the petitioner, balancing the serious charges with the lack of cogent evidence.

For the Petitioner/s : Mr.Rajeev Ranjan, Advocate For the Opposite Party/s : Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 20-01-2026 Heard Mr.Rajeev Ranjan, learned counsel for the petitioner and Mr.Bharat Bhushan, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since

08.10.2025 in connection with National Highway Bangra P.S. Case No. 06 of 2025 dated 09.01.2025 registered for the offences punishable under Sections 126(2), 115(2), 329(3), 140(1), 303(2), 109(1) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused person along with four unknown persons came to the house of the informant, thereafter they abducted the informant’s husband with an intent to kill. On being searched, he husband of the informant was found in an unconscious state at a deserted place. It is further alleged that a mobile phone and Rs. 14,000/- was missing from the pocket of her husband. They threw the body of the informant’s husband thinking dead.

4. Learned counsel appearing for the petitioner submits that although the petitioner is named in the FIR but from a bare perusal of the FIR it appears that there is no specific allegation of any assault or overt-act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner and co-accused person, namely, Md. Asgar Hussain @ Md. Bhola @ Md. Asgar, against whom the similar allegation, has been granted bail by a Coordinate Bench of this Hon’ble Court vide order dated 01.11.2025 passed in Cr. Misc. No.71948 of 2025 and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 08.10.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid facts, there is no specific allegation of any assault or overt-act attributed against the petitioner and co-accused person, namely, Md. Asgar Hussain @ Md. Bhola @ Md. Asgar, against whom the similar allegation, has been granted bail by a Coordinate Bench of this Hon’ble Court, 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 learned S.D.J.M., Samastipur in connection with National Highway Bangra P.S. Case No. 06 of 2025, with 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/her absence on two consecutive dates without sufficient reason, his/her 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)