Anticipatory bail can be granted when allegations lack detailed evidence implicating the accused.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 16-12-2025 Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail in connection with Kangali P. S. Case No. 85 of 2025 registered for the offences punishable under Sections 126(1), 115(1), 318(1), 316(2), 338, 336(3), 329(4), 340(2), 303(2), 351(2) and 3(5) of BNS .

3. The prosecution case, in brief, is that the accused persons stolen the cheque book and passbook from the house of the informant, forged the informant’s signature, and illegally withdrew Rs. 4,10,378/- (Rupees Four Lakh Ten Thousand Three Hundred Seventy-Eight) from his bank account. It is further alleged that upon making inquiries, the accused persons including the petitioners forcibly entered into the house at night and assaulted the informant.

4. Learned counsel for the petitioners submits that the petitioners are quite innocent and have falsely been implicated in this case due to previous enmity and only a distant family relationship. The informant is maternal son-in-law of petitioner no. 1 and Bahnoi of petitioner no. 3 and he is also Bahnoi of petitioner no. 4. No such occurrence, as alleged in the FIR, took place, and the case has been fabricated only with a intention to extort money from his in-laws family members. The petitioners have no family or financial dealings with the informant. He further submits that in the FIR neither the cheque number has been mentioned nor any bank officials has been made accused in this case and without involvement of bank officials no cheating is possible by anyone. It is stated in para 3 of the bail application that petitioners have clean antecedent.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

6. Keeping in view the aforesaid facts and considering the clean antecedent of the petitioners, let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender within a period of four weeks from the date of receipt/production a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Kangli P. S. Case No. 85 of 2025 subject to the conditions as laid down under Section 482(2) of BNSS.

(S. B. Pd. Singh, J)