Bail granted based on insufficient evidence of guilt and clean antecedents of the defendants.

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

4 16-12-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Baheri P.S. Case No. 237 of 2025 dated 13.06.2025, registered for the offences punishable under Sections 191(2), 190, 324(4), 324(5), 74, 126(2), 115(2), 109(1), 351(2) and 352 of the B.N.S. , 2023.

3. As per the prosecution case, the petitioners and other co-accused persons who were variously armed came to the house of the informant and started uprooting it. When the informant opposed, he was abused and assaulted with slaps and fists. When the sister-in-law of the informant came there, the petitioners assaulted her causing injuries to her and she subsequently died.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. There is general allegation against the petitioners and other co-accused persons for causing injuries to the informant as well as his sister-in-law. However, the post-mortem report shows no external or internal injury over any part of the dead body. This falsifies the allegation against the petitioners and others for causing any injury to the sister-in-law of the informant. There is long standing land dispute between the parties. One Jag Narayan Yadav and others executed sale deed no. 962 on 11.02.1992 in favour of petitioner no. 2 and others for a piece of land which is being claimed by the informant and his brother. The informant and his brother administered poison to the sister-in-law of the informant and admitted her in DMCH for treatment and lodged this false case. There is counter version and one Heman Devi has lodged a case for assault against the informant and others. Learned counsel next submits that petitioners are having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioners are in custody since

15.06.2025.

5. Learned A.P.P. appearing on behalf of the State as well as the learned counsel for the informant oppose the submissions made on behalf of the petitioners. Learned counsel for the informant submits that in the assault by the petitioners, the sister-in-law of the informant died. However, learned APP concedes that the post-mortem report does not show cause of death to be assault and viscera has been preserved for chemical examination.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the contents of the post-mortem report and also considering the clean antecedent of the petitioners, their period of custody and submission of chargesheet against them, the petitioners, above- named, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Darbhanga / concerned Court, in connection with Baheri P.S. Case No. 237 of 2025, subject to the condition laid down under Section 480(3)

of the B.N.S. S. and other following conditions:

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

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioners on single date or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.