Bail may be granted when the accused is not named in the FIR and there are no recovery or identification issues, subject to conditions.

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

2 21-01-2026 Heard Mr.Sanjeet Kumar Singh, learned counsel for the petitioner and Mr.Umesh Lal Verma, learned Additional Public Prosecutor for the State.

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

01.07.2025 in connection with Bhagwan Bazar P.S. Case No. 605 of 2024, F.I.R. dated 26.11.2024 registered for the offence punishable under Sections 305 /331(4) of BNS , 2023. 3. The FIR of the occurrence of theft is against unknown.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Name of the petitioner has been transpired during investigation on the basis of the the FIR that till date no TIP has been conducted by the prosecution, nothing has been recovered from possession of the petitioner, petitioner has been remanded in the present case from another case on 01.07.2025 and co-accused person, namely, Ajay Kumar @ Ajay Basfor has been granted bail by this Court vide order dated 20.01.2026 passed in Cr. Misc. No.2026 of 2026. The police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since

01.07.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries eleven 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, name of the petitioner has been transpired during investigation on the basis person, namely, Ajay Kumar @ Ajay Basfor has been granted bail by this Court and till date no TIP has been conducted by the prosecution, 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 A.C.J.M.-II, Saran at Chapra/Concerned Court in connection with Bhagwan Bazar P.S. Case No. 605 of 2024, 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)