Bail granted considering the nature of injuries and duration of custody despite serious accusations.

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

3 16-12-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Kateya P.S. Case No. 242 of 2025 dated 05.05.2025, registered for the offences punishable under Sections 126, 115(2), 109, 352 and 351(2) read with Section 3(5) of the B.N.S. , 2023 and Section 27 of the Arms Act .

3. As per the prosecution case, petitioner and other co-accused persons picked a quarrel with the informant when the informant asked them not to use caste name of one Ajeet Ram and not to assault him. The petitioner drew out a pistol and hurled filthy abuses against the informant. Thereafter, they entered into a scuffle and further assaulted the informant and another person with chairs, lathi and danda. The assailants also opened fire in air and this petitioner repeatedly assaulted the informant on his head with butt of a pistol.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in the present case. The injury report of the informant and Ajeet Ram shows only simple and superficial injuries. From the FIR it is also clear that there was no intention to cause death of informant or any other person. Learned counsel further submits that if the assailants were carrying pistol they would have used the same for killing the informant if they had any such intention. Learned counsel next submits that petitioner is having antecedent of four cases and he is on bail in all the said cases. Learned counsel lastly submits that petitioner is in custody since 10.05.2025 and chargesheet has been submitted.

5. Learned A.P.P. appearing on behalf of the State as well as learned counsel for the informant oppose the submissions made on behalf of the petitioner. Learned counsel for the informant submits that there is specific allegation against this petitioner that he assaulted the informant with butt of pistol on his head which is a vital part of the body.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple nature of injuries of the victims and also considering petitioner’s period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail B.N.S. of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gopalganj / concerned Court, in connection with Kateya P.S. Case No. 242 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 petitioner.

(ii) The petitioner 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 petitioner on single date 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)