Bail granted based on lack of evidence beyond self-incrimination, with conditions for cooperation in trial.

For the Petitioner/s : Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 27-01-2026 Heard Mr. Surya Narayan Yadav, learned counsel for the petitioners and Mr. Anil Kumar Singh No. 1, learned Additional Public Prosecutor for the State.

2. Petitioners seeks bail who are in custody since

06.02.2025 in connection with Jankinagar P.S. Case No. 372 of 2024, F.I.R. dated 17.10.2024 for the offences punishable under Sections 304 of the BNS , 2023 but chargesheet has been submitted under Sections 309(4) and 317(2) of the BNS , 2023.

3. According to prosecution case, two miscreants on Splendor motorcycle intercepted the informant and snatched his bag containing Rs. 99,250/- and fled away.

4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. Petitioners are not named in the F.I.R and their name has been transpired on the basis of the self confessional statement of the petitioners which were recorded in Jankinagar P.S. Case No. 36 of 2025. Thereafter, the petitioners have been remanded on 27.02.2025. He further submits that except the self confessional statement of the petitioners, no other material has come during investigation which suggest the involvement of the petitioners in the present occurrence and after the confessional statement recorded in the present case, the petitioners have been made accused in 14 more cases other than the present one. He further submits that the police after investigation submitted the charge sheet against the petitioners. The petitioners are in custody since 06.02.2025.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances that the name of the petitioners has been transpired on the basis of self confessional statement of the petitioners and except this, no other material has come during investigation which suggest the involvement of the petitioners in the present occurrence, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with Jankinagar P.S. Case No. 372 of

2024, subject to the following conditions:-

i. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

ii. If the petitioners 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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)