The lack of compelling evidence undermines the credibility of the prosecution's case against the accused, justifying bail.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 17-12-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State .

2. Petitioners seek regular bail in case registered for offence under Sections 103 (1) and 3 (5) of BNS .

3 . As per F.I.R. on 07.08.2024 , the father-in -law of the informant was firstly assaulted by the co-accused Langatu Ram, who assaulted him with lathi and made him unconscious. Thereafter, co-accused Sukun Ram and this petitioner along with other co-accused Salindar Ram also assaulted the father-in -law of the informant with lathi and during course of treatment he died.

4. Learned counsel for the petitioners submitted that as per F.I.R. all the accused persons including these petitioners assaulted the deceased with lathi but as per Postmortem, only one injury has been found on the left side of head and other injury is a bruise of size 3”x2” over right buttock and cause of death is stated to be haemorrhage and shock due to the aforesaid injuries caused by hard and blunt object and hence , allegation of assault by 4 persons is not believable which itself fasifies the entire prosecution case . Petitioners have been made accused in this case because thet happen to be sons of Langatu Ram. Co- accused Kamlesh Kumar having similar and identical allegation has already been granted bail by Co-ordinate Bench of this Hon’ble Court vide order dated 04.09.2025 in Cr. Misc. No. 33880 of 2025 . Petitioners claim clean antecedent and they are in custody since 13.08.2024 .

5 . Learned A.P.P. for the State vehemently opposed the bail petition.

6. Considering the aforesaid facts, period of custody , clean antecedent of these petitioners and circumstances of the case , let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional session Judge 10^th Muzaffarpur in connection with Sessions Trial No. 807 of 2024 arising out of Baruraj Case No. 149 of 2024 .

(Prabhat Kumar Singh, J)