Bail granted under conditions for cooperation in trial, considering lack of evidence against the petitioner.

For the Petitioner/s : Mr. Nitish Kumar, Advocate For the State : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 21-01-2026 Heard Mr. Nitish Kumar, learned counsel for the petitioner and Mr. Surendra Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since

18.05.2025, in connection with Parsa Bazar P.S. Case No. 209 of 2025, F.I.R. dated 17.05.2025 registered for the offences punishable under Sections 103(1), 238 of B.N.S.

3. As per prosecution case, the petitioner and other co-

accused persons allegedly kill the informant’s son and threw the dead body under a bridge in order to conceal it.

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. He further submits that during investigation one Sumit Kumar and Vikash Kumar @ Laddu Kumar have been arrested and they have confessed their guilt in the present case which was recorded in paragraph nos. 21 and 71 of the case diary but they have not stated anything about the petitioner. He further submits that co- accused Munna Paswan @ Nitish Kumar @ Munna has been granted bail by a Coordinate Bench of this Court vide order dated 02.12.2025 passed in Cr. Misc. No. 82828 of 2025 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 18.05.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R. and apart from the aforesaid the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

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 Judicial Magistrate 1^st Class, Patna in connection with Parsa Bazar P.S. Case No. 209 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.

(Rajesh Kumar Verma, J)