Bail granted with conditions in absence of direct evidence against the accused.

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr. Sandip Kumar Gautam, learned counsel for the petitioner as well as Mr. Tarun Prasad Mandal, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since

24.07.2025 in connection with Town P.S. Case No. 292 of 2025, F.I.R. dated 23.07.2025 for the offences punishable under Sections 304(2) of the Bharatiya Nyay Sanhita , 2023.

3. According to prosecution case, the informant alleged that on 23.07.2025, when she was standing near Lohiya Nagar Dhala for going to home, then a person snatched gold chain from her neck and tried to run away, then the informant and her family members tried to chase him and that person handed over the chain to a boy, aged about 12-13 years, who ran away in Jhoparpatti and then they caught that person.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. From bare perusal of the FIR it appears that nothing recovered from the conscious possession of the petitioner and he has been made accused merely on the basis of suspicion as well as his previous criminal antecedents and except the disclosure made by apprehended co-accused persons, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet and the petitioner is in custody since

24.07.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries six criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matters.

6. Considering the aforesaid facts and circumstances, 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 the learned Chief Judicial Magistrate, Begusarai in connection with Town P.S.

Case No. 292 of 2025,, subject to 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 absence on two consecutive dates without sufficient reason, his 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)