The court emphasized the significance of clean antecedents and the right to bail pending trial under specific conditions.

For the Petitioner/s : Mr. Prakash Chandra Jha, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr. Prakash Chandra Jha, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since

21.07.2023 in connection with Rail P.S. Muzaffarpur No. 243 of 2023, (Session Trial No. 938/2023) F.I.R. dated 20.07.2023 for the offences punishable under Sections 304 , 379, 356/34 of the Indian Penal Code .

3. According to prosecution case, accused-petitioner is alleged to have looted the purse of one Soni Kumari, containing Aadhar Card, Travelling Ticket and other articles and dashed her from the train, as a result she died on the spot.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and 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. In fact the petitioner is not named in the FIR and the name of the petitioner has been transpired during investigation on the basis of the location of the looted mobile. Thereafter, the petitioner was apprehended and he has confessed his guilt in the present occurrence and apart from that the looted mobile, other articles were also recovered from the house of the petitioner. He further submits that the petitioner is in custody since 21.07.2023 and trial is not in progress.

5. A report was called with regard to stage of trial, report dated 11.12.2025 of the learned trial court reveals that out of 13 chargesheeted witnesses, only 8 witnesses have been examined and the case is pending for examination of rest of the prosecution witnesses.

6. Learned counsel for the petitioner submits that in view of the report of the learned trial court, there is no chance of early conclusion of the trial and the petitioner is in custody since

21.07.2023.

7. Learned APP for the State have vehemently opposed the prayer for bail of the petitioner.

8. Considering the aforesaid facts and circumstances and also the fact that the petitioner has clean antecedent and report of trial court and also period of custody of the petitioner, 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 District and Additional Session Judge-VIII, Muzaffarpur in connection with Rail P.S. Muzaffarpur No. 243 of 2023, (Session Trial No.

938/2023), with 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 her absence on two consecutive dates without sufficient reason, his/her 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)