The court grants pre-arrest bail considering the delay in FIR and omnibus allegations, imposing specific conditions on bail release.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 28-01-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Pothia P.S. Case No. 107 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 352, 351(2) and 3(5) of the B.N.S.

3. In the afternoon of the fateful day, when the informant came to his field to feed his buffalo, in the meanwhile, the petitioners along with others variously armed came there and started assaulting the informant and one Nithis Yadav, due to which they sustained grievous injury.

the FIR contended that the alleged occurrence took place in the noon of 03.09.2025, but the present FIR came to be instituted on 07.09.2025. Moreover, it is specifically alleged that the petitioner no. 1 was carrying hasua, whereas petitioner no. 2 was carrying garasa and petitioner no. 3 was holding lathi in their hands, respectively. However, the injury report clearly suggest that both the injureds have sustained injuries caused by hard and blunt substance. One of the injury, which is allegedly sustained to the informant is said to be grievous in nature, but the same has not been specifically attributed to any of the accused persons or the petitioners. The genesis of the occurrence is nothing but the land dispute, moreover, the petitioner nos. 1 and 2 have fair antecedent, whereas the petitioner no. 3 carries one criminal antecedent, but he is on bail in the said case. All the petitioners undertake that they will fully co-operate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that because of the assault being made by the petitioners and others, the informant has sustained grievous injury over his vital part and the petitioner no. 3 carries one criminal antecedent.

6. Having considered the submissions advanced by the omnibus nature of allegation, coupled with the delay in lodging of the FIR, besides the genesis of the occurrence, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1^st Class, Katihar in connection with Pothia P.S. Case No. 107 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita , 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J)