Bail can be granted in the absence of substantial evidence beyond a co-accused's confession, subject to conditions for cooperation and verification.

For the Petitioner/s : Mr. Samrendra Kumar Jha, Advocate For the State : Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 21-01-2026 Heard Mr. Samrendra Kumar Jha, learned counsel for the petitioner and Mr. Md. Mushtaque Alam, learned APP for the State.

2. Petitioner seeks bail, who is in custody since

20.08.2024, in connection with Udwant Nagar P.S. Case No. 286 of 2024, F.I.R. dated 04.07.2024 registered for the offences punishable under Sections 132 , 109, 3(5) of B.N.S. and Section

25(1-b)a, 26, 27, 35 of the Arms Act .

3. Allegation against the petitioner is that he along with co-accused Soni Sanni @ Alok Baba committed murder of one Biltan Ram on 04.07.2024 at the instance of Bhuar Chaudhary @

Harendra Chaudhary.

4. Learned counsel for the petitioner submits that the has been transpired during investigation on the basis of confessional statement of co-accused person namely Soni Sanni @ Alok Baba which was recorded in paragraph-44 of the case diary and except the confessional statement of co-accused person, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present case and nothing has been recovered from the possession of the petitioner. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since

20.08.2024.

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 two more cases other than the present one but fairly submits on the basis of pargaraph-3 of the bail petition that out of two cases, the petitioner is on bail in one case and one case is pending for consideration before the competent court of law..

6. Considering the facts and circumstances of the case name of the petitioner has been transpires on the basis of confessional statement of co-accused person, 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwant Nagar P.S.

Case No. 286 of 2024, 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)