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Judgment
ORAL ORDER
8 12-10-2026 Heard the parties.
The petitioner seeks bail in connection with Dumra P.S. Case No. 462 of 2025 registered for the offence under Sections 103(1), 61(2), 3(5), 249, 329(3), 333, 223, 238, 132, 111 of BNS and Section 27 of Arms Act.
The petitioner is named in the F.I.R. and is in custody since 16.12.2025.
As per FIR, petitioner suspected to commit murder of the brother of the informant alongwith other named co-accused persons by causing fire arm injury.
Learned counsel appearing on behalf of the petitioner submitted that informant is the eye witness of the occurrence, where he alleged specifically through FIR that 3 unknown person aged between 20-25 years fired upon his brother causing his death. It is submitted that the petitioner on the date of occurrence was in judicial custody with Runnisaidpur P.S. Case No. 280 of 2024 and merely on the basis of suspicion out of previous enmities, he was named with present crime in question. It is submitted that during investigation nothing transpired/ surfaced in furtherance of the suspicion as raised by the informant through FIR, to connect him with present crime in question. It is submitted that other co-accused person namely, Ravi Shankar has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 91603 of 2025 vide order dated 01.04.2026, and one another co-accused namely, Nitesh @ Nitish Thakur has already granted anticipatory bail by this Court through Cr. Misc. No. 38477 of 2026 vide order dated 24.08.2026. While concluding the argument, it is submitted that petitioner found involved in three more criminal cases and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of aforesaid factual submission and by taking note of fact as prima-facie except suspicion nothing surfaced during investigation as to connect this petitioner with present crime in question, coupled with fact as investigation of this case has already completed, whereas petitioner remains in custody since 16.12.2025, accordingly petitioner above named, is directed to be released on bail in connection with Dumra P.S. Case No. 462 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Addl. Sessions Judge II, Sitamarhi /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.