Bakhera SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34172 of 2026
                     Arising Out of PS. Case No.-90 Year-2025 Thana- CHAUTHAM District- Khagaria
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                 Bakhera Singh Son of Bhattu Singh @ Bhatu Singh Resident of Village-
                 Nawada, P.S.- Chautham, District- Khagaria

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Santosh Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   08-07-2026                      Heard Mr. Santosh Kumar Singh, learned counsel

                   for the petitioner as well as Mr. Choubey Jawahar, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   15.12.2025 in connection with Chautham P.S. Case No.90 of

                   2025, F.I.R. dated 10.04.2025 for the offences punishable under

                   Sections 103(1), 61(2) of the Bharatiya Nyay Sanhita, 2023 and

                   Section 27 of Arms Act.

                               3. According to prosecution case, it is alleged that the

                   petitioner along with other accused persons in conspiracy killed

                   the husband of the informant.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. The allegation levelled against the petitioner is
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          false and fabricated. From bare perusal of the FIR it appears that

          specific allegation of assault is attributed against co-accused

          persons, namely, Ashish Kumar, Sonu Kumar and Ritesh Kumar

          and there is no specific allegation of assault or overt act or firing

          against this petitioner. He further submits that similarly situated

          co-accused person, namely, Diwakar Singh has been granted the

          privilege of anticipatory bail by this Court vide order dated

          31.07.2025 in Cr. Misc. No. 47881 of 2025 and other co-

          accused persons, namely, Rajiya Devi @ Raj Kumari Devi,

          Bijal Singh, Uday Singh @ Uday Kumar have been granted the

          privilege of bail by different co-ordinate Benches of this Court

          vide order dated 30.07.2025, 18.11.2025, 18.11.2025 in Cr.

          Misc. No. 45294 of 2025, Cr. Misc. No.74222 of 2025, Cr.

          Misc. No. 74924 of 2025. He further submits that the police

          after investigation submitted the charge sheet against the

          petitioner and the petitioner is in custody since 15.12.2025.

                      5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner on the ground that petitioner carries four criminal

          antecedents other than the present one but fairly submits on the

          basis of paragraph-3 of the bail application that the petitioner is

          on bail in the pending matters.
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                       6. Considering the aforesaid facts and circumstances,

          there is no specific allegation of assault or overt act or firing

          against this petitioner and similarly situated co-accused persons,

          have been granted the privilege of anticipatory bail and regular

          bail by this Court or by different co-ordinate Benches of this

          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, Khagaria in connection with

          Chautham P.S. Case No. 90 of 2025, subject to 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 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
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                      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)
Suruchi/-

U      T