A bail can be granted if no evidence is found against the accused and if co-accused in similar circumstances are granted bail.

For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 27-01-2026 Heard Mr. Chhote Lal Mishra, learned counsel for the petitioner and Mr. Sunil Kumar Pandey, learned APP for the State.

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

17.05.2025 in connection with Dehri Muffasil P.S. Case No. 153 of 2024, F.I.R. dated 14.10.2025 for the offences punishable under Section 309(4) of the B.N.S.

3. According to prosecution case, three unknown miscreants are alleged to have committed loot of Rs. 700/- and mobile phone from the informant and thereafter they further demanded Rs. 50,000/- from the informant.

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 the petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused person, namely, Ritesh Kumar Singh, nothing has been recovered from conscious possession of the petitioner and till date no TIP has been conducted by the prosecution. Similarly situated co-accused person, namely, Ritesh Kumar Singh, who has confessed the name of petitioner, has been granted regular bail by a Coordinate Bench of this Hon’ble Court vide order dated 13.10.2025 passed in Cr. Misc. No. 64772 of 2025 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 17.05.2025.

5. Learned APP has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries three more criminal antecedents 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 matters.

6. Considering the aforesaid facts and circumstances of the case and also the fact that nothing has been recovered from the conscious possession of the petitioner, till date no TIP has been conducted by the prosecution and similarly situated co- accused person 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 S.D.J.M., Dehri, Rohtas in connection with Dehri Muffasil P.S. Case No. 153 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)