The court has jurisdiction to grant bail even when multiple criminal antecedents exist if similar co-accused were granted bail.

For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr. Rajeev Ranjan, learned counsel for the petitioner and Mr. Syed Mojibur Rahman, learned Additional Public Prosecutor for the State.

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

25.06.2025 in connection with Kalyanpur P.S. Case No. 137 of 2024, F.I.R. dated 11.06.2025 for the offences punishable under Section 392 of the Indian Penal Code .

3. According to prosecution case, two persons riding a black Apache motorcycle, stopped the informant's motorcycle and took away his bag kept on the Tanki containing collected amount of Rs. 2,48,613/- and other documents.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Learned counsel further submits that petitioner is not named in the F.I.R. and the name of petitioner has been transpired during investigation, thereafter petitioner has confessed his guilt in the present occurrence and the Police have conducted the raid in the house of the petitioner and the vehicle which was used in crime in question was recovered from the house of the petitioner and apart from aforesaid Rs. 21,000/- looted amount was also recovered from the house of the petitioner. Learned counsel further submits that there is non- compliance of mandatory provision of Section 105 of BNSS and the co-accused person, namely, Manoj Das has been granted regular bail by a Coordinate Bench of this Hon’ble Court vide order dated 17.06.2025 passed in Cr. Misc. No. 36317 of 2025 and the police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 25.06.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and submits that the alleged recovery has been made from the house of the petitioner and apart from that petitioner carries 14 criminal antecedents other than the present one but fairly submits that the petitioner is on bail in ten cases and rest cases are pending for consideration before competent court of law.

6. Considering the aforesaid facts and circumstances and also the fact that the similarly situated co-accused person, namely, Manoj Das has been granted bail by a Coordinate Bench of this Hon’ble Court, 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, Samastipur in connection with Kalyanpur P.S. Case No. 137 of 2024, 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)