Bail granted based on doubts about injuries and completion of investigation.

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

4 11-12-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The accused/petitioner seeks bail in connection with Ramgarhwa P.S. Case No. 142 of 2024 registered for the offences under Sections 341 , 323, 324, 325, 307, 504 &

34 of the Indian Penal Code .

3. The accused/petitioner is named in the First Information Report and is in custody since 28.06.2025.

4. Allegation against the petitioner is to assault the father of informant by using Farsa causing head injury with intention to cause death, where occurrence alleged to be arising out of previous enmity.

5. It is submitted by learned counsel appearing on behalf of the petitioner that allegation against petitioner is of single blow of Farsa, which by all probability must be of incised wound for the reason that Farsa is a sharp edged weapon but, upon medical examination, it was found laceration creating a doubt that whether, in actual, assault, as alleged, was made by Farsa or not. It is submitted that even the alleged assault is single and not repeated without having any intervening circumstances, further suggesting that petitioner was not under intention to cause death of injured father of the informant.

6. While concluding argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is already concluded, for which charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.

7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

8. In view of aforesaid factual submission and by taking note of aforesaid contradiction qua nature of injury and weapon as alleged which prima facie creating doubt qua alleged assault, coupled with the fact that investigation of this case is already concluded, where petitioner, being a man of clean antecedent, remains in custody since 28.06.2025, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran, Motihari/ concerned court, in connection with Ramgarhwa P.S. Case No. 142 of 2024, subject to the condition as laid down under Section 437 (3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).

(Chandra Shekhar Jha, J)