The court held that bail can be granted when the accused is not named in the FIR and substantial evidence is lacking, emphasizing the need for cooperation during trial.

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 20-01-2026 Heard Mr. Deepak Kumar, learned counsel for the petitioner and Mr. Shailendra Kumar Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since

03.08.2025, in connection with Bypass P.S. Case No. 392 of 2025, F.I.R. dated 3.07.2025 registered for the offences punishable under Sections 309(4) of the B.N.S.

3. The F.I.R. of the occurrence of loot is against unknown.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. In fact, the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of secret information. Although, one mobile phone has been recovered from the possession of the petitioner but the said mobile is in the name of the petitioner which he had purchased on 28.10.2019 and except the secret information, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence and till date no TIP was conducted by the prosecution. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 03.08.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and the name of the petitioner has been transpired on the basis of secret information and nothing has been recovered from the possession of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Patna City, Patna in connection with Bypass P.S. Case No. 392 of 2025, subject to the following conditions :-

(1) 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.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 antecedents, 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.

Ibrar//- (Rajesh Kumar Verma, J)