A defendant can be granted bail with conditions to ensure cooperation in trial and prevent evidence tampering, even with prior cases against them.

For the Petitioner/s : Mr. Anjani Parashar, Advocate For the Informant : Mr. Harsh Ranuj, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr. Mr. Anjani Parashar, learned counsel for the petitioner, Mr. Harsh Ranuj, learned counsel for the Informant and Mr. Mukesh Kumar Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since

23.07.2025, in connection with Siwan (Town) P.S. Case No. 568 of 2025, F.I.R. dated 19.07.2025 registered for the offences punishable under Sections 191(2), 190, 329(3), 115(2), 109 of the B.N.S. and Section 27 of the Arms Act .

3. Allegation against the petitioner is of firing upon the informant's husband due to which he sustained firearm injury.

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 from perusal of the F.I.R. it appears that due to previous political rivalry the present occurrence had taken place. Although, there specific allegation against the petitioner that he has fired upon the husband of the informant namely Kamal Kishore Thakur and he has received injury but the injury report of the injured person suggests that the injury is simple in nature caused by gunshot injury and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 23.07.2025.

5. Learned counsel for the Informant as well as 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 paragraph-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, 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, Siwan in connection with Siwan (Town)

P.S. Case No. 568 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)