Court may grant bail based on doubts regarding allegations and an individual's clean antecedent.

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Bihariganj P.S. Case No. 24 of 2025 registered for the alleged offences under Sections 109(1) and 3(5) of B.N.S . and Section 27 of the Arms Act .

03. As per prosecution case, the wife of the informant was shot at by three masked miscreants. The name of the petitioner transpired during investigation as one of the assailants.

04. Learned counsel for the petitioner submits that the petitioner and the informant are next door neighbour and in the FIR the informant has stated that his wife told him that the person who fired upon her had covered their faces with mask and gamchha. She had also stated that she was talking with one Suryamuni Kumari who is none others than the sister of the present petitioner. This fardbeyan was recorded on 15.01.2025 and thereafter on 02.02.2025, the victim named this petitioner along with his brother and his father for being assailants which does not appear to be believable. For the reasons best known to the informant and his wife, the petitioner and his family members have been dragged in the present case. The petitioner is in custody since 20.07.2025 and charge sheet has been submitted. The petitioner is having clean antecedent.

05. Learned APP opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and also considering the period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail B.N.S of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Udakishunganj/concerned Court in connection with Bihariganj P.S. Case No. 24 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S .S. and also 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)

DKS/-