Court granted bail considering nature of injuries and fair antecedents of the petitioner amidst competing allegations.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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

2. The petitioner apprehends his arrest in connection with Manigachhi P.S. Case No. 66 of 2025, registered for the offences punishable under Sections 126(2), 127(2), 115(2), 109(1), 352 and 3(5) of the B.N.S., 2023.

3. The allegation against the petitioner is of causing assault to the brother of the informant by means of brick, while he was going along with the informant on a motorcycle. There is further allegation against other accused persons of causing assault to the informant and his brother.

4. Learned Advocate for the petitioner submitted that the occurrence took place in the evening of 06.05.2025 and for the first time, the fardbeyan of the informant was recorded on

08.05.2025 and the present FIR came to be instituted on 10.05.2025 and, as such, the exaggeration and false implication of the petitioner cannot be ruled out, since there was a previous dispute between the parties. There is a counter version of the present case being Manigachhi P.S. Case No. 62 of 2025, which has been instituted on 07.05.2025, admittedly earlier on the point of time. In the said incidence, the persons of the petitioner’s side have also sustained serious injuries at the hands of the informant and others. The injuries, which are allegedly sustained to the informant and his brother are concerned, the same have been found to be simple in nature. To support the aforesaid contention, specific averment has been made in paragraph no. 13 of the bail application. The petitioner is a man of fair antecedent and he undertakes that he 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 active participation of the petitioner along with others, the informant and his brother have sustained serious injuries.

6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the factum of case and counter case, coupled with the simple nature of injuries, besides the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Darbhanga in connection with Manigachhi P.S. Case No. 66 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 petitioner.

(Harish Kumar, J)