Bail is justified when an accused is not named in the FIR and no TIP has been conducted.

For the Petitioner/s : Mr.Awadhesh Kumar Pandey, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr.Awadhesh Kumar Pandey, learned counsel for the petitioner and Mr.Sanjay Kumar Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since

01.09.2025, in connection with Ara Nawada P.S. Case No. 12 of 2025, F.I.R. dated 07.01.2025 registered for the offences punishable under Section 309(4) of the B.N.S.

3. The F.I.R. of the occurrence of loot is against unknown.

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 petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of suspicion and the petitioner has been remanded in the present case from Nawada P.S. Case No. 496 of 2025 and on the basis of self confessional statement of the petitioner the looted mobile was recovered from other co-accused person. He further submits that although recovery has been made from the possession of co-accused but till date no TIP was conducted by the prosecution and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 01.09.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases 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 and the fact that the petitioner is not named in the F.I.R. and till date no TIP was conducted by the prosecution, 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 C.J.M. Bhojpur, Ara in connection with Ara Nawada P.S. Case No. 12 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 witness, 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 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)