Anticipatory bail granted based on absence of specific evidence and lack of criminal history, balanced with similar prior rulings.

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 14-10-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners are apprehending arrest in connection with Gaya Rail P.S. Case No. 347 of 2019 lodged on 07.09.2019, for the offence punishable under Sections 302 , 120(B), 201 & 34 of the Indian Penal Code .

3. As per the prosecution, FIR has been lodged against against whom there is an allegation that they all in connivance with each other and under a deep rooted conspiracy have killed the maternal uncle of the informant and thrown his dead body on the railway track.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that from the contents of the FIR, it become crystal clear that there is nothing specific against the petitioners, rather, name of petitioners have been inserted in this case by virtue of a suspicion only with allegation that one month back, a threat was given to the informant. Counsel submits that dead body of the maternal uncle of the informant was recovered on the railway track for which U.D. case has been registered and subsequently, the informant has inserted the names of petitioners in this case on suspicion. Counsel submits that during investigation, the police has submitted final form against present accused persons and submitted charge sheet only against one Akhilesh @ Banti who was granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 27.01.2021

5. Learned counsel for the petitioners further submits case in which one of them has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 02.07.2025 that the petitioners have no criminal antecedent.

6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that similarly situated person has been granted anticipatory bail by the Co-ordinate Bench of this Court.

7. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S. , 2023 to the satisfaction of Railway Judicial Magistrate, Gaya, in connection with Gaya Rail P.S. Case No. 347 of 2019, subject to the conditions as laid down U/s 482(2) of the B.N.S.S. , 2023.

(Dr. Anshuman, J)