CR. MISC./35374/2026 of Raja Thakur Vs The State of Bihar on 9 July 2026

ORAL ORDER

09-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Unchakagawn P.S. Case No. 100 of 2026 for the offence punishable under Section 309(4) of BNS.

3. The brief fact of this case is as that on the basis of written application filed by the informant-Israfil Ali S/O:- Reyazuddin Mian when I go from my home at 11:00 pm dated 24.02.2026 toward uncle house for attending a weeding ceremony, at that time suddenly 3-4 unknown person came at me and one person beaten me by lathi after that I fell down and my bike also fell down after that all the persons snatched my two mobile phone one XII MWL is iphone in which sim no- 8789279481 and apple id is 8789279481lise and second is

Motorola, Moto50 fesion which sim no-7779872831 of airtel sim and also snatched my ATM card and my AADHAR Card and 1000-1200 cash from my wallet, the person who snatched me seem looks like a thin person. all snatcher wear jeans and jacket. Hence, the F.I.R.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It is next submitted that allegation against the petitioner is forged and fabricated and the petitioner has not committed any offence as alleged in the FIR. It is next submitted that initially the petitioner was not named in the FIR and the name of the petitioner has transpired during the course of investigation on the basis of disclosure made by apprehended co-accused person, namely, Mohan Kumar and except the aforesaid nothing has come during the investigation to suggest the involvement of the petitioner in the present case. It is next submitted that recovery has been made from Mohan Kumar and other co-accused persons.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances and the fact that petitioner has clean antecedent and initially the petitioner was not named in the FIR and he came to be implicated on the basis of disclosure made by apprehended co- accused person, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 A.C.J.M.-I, Gopalganj in connection with Unchakagawn P.S. Case No. 100 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other 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 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.

Gaurav Sinha/- (Rajesh Kumar Verma, J) U T