Md. Abrar WarsiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81539 of 2025
                      Arising Out of PS. Case No.-503 Year-2023 Thana- ROSERA District- Samastipur
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                 Md. Abrar Warsi S/O Late Md. Aslam Rijavi R/O Village- Adampur,
                 Katarmala, P.S.- Garoul, District-Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajeev Ranjan, Advocate
                 For the State            :        Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   31-01-2026                      Heard Mr. Rajeev Ranjan, learned counsel for the

                   petitioner and Mr. Ahmad Ali, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   02.12.2023, in connection with Rosera P.S. Case No. 503 of 2023,

                   F.I.R. dated 09.09.2023 registered for the offences punishable

                   under Sections 302, 120(B), 34 of the Indian Penal Code and

                   Section 27 of the Arms Act.

                                 3. As per the prosecution case, the deceased was killed

                   by hired criminals.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the petitioner is not named in

                   the F.I.R. and the name of the petitioner has been transpired on the

                   basis of confessional statement of co-accused Vicky Kumar which
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          was recorded in paragraph-68 of the case diary and except the

          confessional statement of co-accused person, no other cogent

          material has come during investigation to suggest the involvement

          of the petitioner in the present occurrence and co-accused Vicky

          Kumar has confessed that one Subhash Jha has fired upon the

          victim and petitioner has also confessed that Subhash Jha has fired

          upon the victim and co-accused person, namely, Rajesh Kumar

          Mandal who has arranged the weapon of the present crime in

          question has been granted bail by a Coordinate Bench of this Court

          vide order date 02.05.2025 passed in Cr. Misc. No. 16598 of 2025.

          He further submits that the police after investigation submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 02.12.2023.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioner

          and submits that the petitioner has confessed his guilt in the

          present crime and apart from that the petitioner carries two more

          cases 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 facts and circumstances of the case,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand)             with two
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                         sureties of the like amount each to the satisfaction of learned

                         District & Additional Sessions Judge-I, Rosera, Samastipur in

                         connection with Rosera P.S. Case No. 503 of 2023, subject to the

                         following conditions :-

                                      (1) 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.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) 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

                         antecedents, 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)
Ibrar//-

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