Bail granted with conditions due to lack of injury evidence and claims of false implications.

For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate For the State : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 20-01-2026 Heard Mr. Davendra Kumar Pandey, learned counsel for the petitioner and Mr. Satyendra Prasad, learned APP for the State.

2. Petitioner seeks bail, who is in custody since

18.10.2024, in connection with Sessions Trial No. 358 of 2025 arising out of Nadi P.S. Case No. 24 of 2020, F.I.R. dated 13.05.2020 registered for the offences punishable under Sections 147 , 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act .

3. Allegation against the petitioner is that he along with other co-accused persons have fired upon the informant with an intention to kill but anyhow he succeeded to flee away.

4. Learned counsel for the petitioner submits that the petitioner is innocent 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. From perusal of the F.I.R. it appears that first time the petitioner has fired upon the informant on 09.05.2020 but the informant has not lodged any complaint before the police and as per another allegation in the F.I.R. the petitioner again fired upon the informant on 12.05.2020 then the informant has filed the present case on 13.05.2020. It appears from the F.I.R. that no one has received injury and the present case has been filed only to falely implicate the petitioner and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 18.10.2024.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that out of five cases, the petitioner is on bail in three cases.

6. Considering the facts and circumstances of the case, 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 A.D.J. Ist, Naugachia, Bhagalpur in connection with Sessions Trial No. 358 of 2025 arising out of Nadi P.S. Case No. 24 of 2020, 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.

(Rajesh Kumar Verma, J)