Delay in FIR filing and absence of direct involvement are vital in bail considerations.

2 02-12-2025 Heard learned Advocate for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bheja P.S. Case No.106 of 2023 registered for the offences punishable under Sections 341 , 323, 324, 307, 379, 504 and

506/34 of the Indian Penal Code .

3. Allegedly, on the exhortation made by the petitioner, all the accused persons variously armed with lathi, danda and iron rod, brutally assaulted the informant and her son. When the nephew of the informant came to their rescue, he was also assaulted by the accused persons, besides there is allegation of snatching valuables.

FIR has contended that save and except the exhortation made by the petitioner, there is no allegation against him that he assaulted any of the persons. Moreover, the alleged occurrence took place on 14.11.2023, but the present FIR came to be instituted on 17.11.2023, without there being any plausible explanation and, as such, false implication of the petitioner cannot be ruled out. The petitioner is a septuagenarian and only because of he being karta of the family, his name has been implicated in this case. It is further contended that so far the allegation of assault is concerned, that has been levelled against other co-accused persons.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioner bears three criminal antecedent as has been disclosed in para-3 of the bail application, besides it is the petitioner on whose dictate, the occurrence took place.

6. Having considered the submissions advanced by of the accusation levelled against the petitioner, coupled with the delay in lodging of the FIR and the fact that the petitioner has not specifically assaulted any of the injured, besides the fact that the petitioner is a man of seventy years old, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Jhanjharpur, District- Madhubani in connection with Bheja P.S. Case No.106 of 2023, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)