Bail granted considering lack of specific allegations, clean antecedents, and nature of injuries.

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

2 24-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Siwan (Town) P.S. Case No. 568 of 2025 registered for the offences punishable under Sections 191(2), 190, 329(3), 115(2)

and 109 of the B.N.S. and Section 27 of the Arms Act .

3. As per prosecution case, petitioner and others are said to have surrounded the informant’s husband and fired upon him with the intention to kill due to a prior dispute. It is alleged that informant’s husband disclosed to the informant that co-accused Rohit @ Mandan and Rajiv Kumar fired upon the informant’s husband.

4. Learned counsel for the petitioner submits that petitioner is in custody since 25.07.2025 and he bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that there is no specific allegation of firing against the petitioner. He further submits that from the perusal of FIR, it is clear that the allegation of firing is against the other co-accused Rohit @ Mandan and Rajiv Kumar. He further submits that the injury report of informant’s husband clearly indicates that informant’s husband sustained two injuries which are simple in nature, as mentioned in impugned order. The allegation against petitioner is general and omnibus in nature. Petitioner is quite innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in the present case.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner by submitting that petitioner is FIR named accused person and he cannot escape from the allegation made in FIR.

6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, there is no specific allegation of firing against the petitioner and injuries of informant’s husband are simple in nature, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan (Town) P.S. Case No. 568 of 2025, subject to following conditions:-

(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J)