Bail granted considering custody duration, submission of charge-sheet, and absence of serious allegations.

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Sikandra P.S. Case No. 164 of 2019 registered for the alleged offences under Sections 147 , 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code .

03. As per prosecution case, there is allegation against the petitioner and other co-accused persons for causing grievous injury to the informant as they came armed with lathi, danda, sword and rod to the doors of the informant and assaulted the informant and her son.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Except for Section 307 IPC, all other offences are bailable in nature and there is no application of Section 307 of IPC as there was no intention to cause death of any person and no attempt on the life of any person was made. Learned counsel further submits that one hairline fracture was found on the skull of the informant whereas other injuries are simple and superficial. The petitioner is having antecedent of two cases. The petitioner is in custody since 25.07.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that four injuries were found on the person of the informant and dimension of one such injury is 3” x 2” x 1” and this injury was found to grievous due to hairline fracture.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that there is no allegation against this petitioner for assaulting the son of the informant and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Jamui/court concerned in connection with Sikandra P.S. Case No. 164 of 2019, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)