The court provides guidelines for processing bail applications in cases with ambiguous accusations within a communal dispute framework.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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

2. The petitioners apprehend their arrest in connection with Muffasil P.S. Case No.207 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 115(2), 118(1), 117(2), 109, 352, 351(2) and 326(g) of the BNS , 2023.

3. Allegation against the petitioners is of causing assault to the informant and his brother by means of various weapons due to which they sustained grievous injuries. It is further alleged that the petitioners along with others also damaged the house and set it on fire and took rupees one lac stealthily.

4. Learned Advocate for the petitioners taking this Court through the FIR contended that the FIR has been instituted against nineteen named accused persons; however, specific accusation has been levelled against co-accused Denu Soren, who assaulted the brother of the informant over his head, whereupon co-accused Sadhu Murmu assaulted one Madan Murmu over his head and Som Soren assaulted one Lakhan Murmu by means of sharp cutting weapon over his back. So far the petitioners are concerned, there is omnibus allegation of participation in the crime, without specific accusation and/or any injury has been attributed to them. Reason behind the said occurrence is nothing but a dispute with regard to farming of Makhana over the pond which resulted into a free fight leading to institution of case and counter case bearing Muffasil P.S. Case No.206 of 2025 against the informant and his family members by co-accused Sadhu Murmu on the earlier point of time. The petitioners bear fair antecedent and they undertake that they will fully cooperate in the proceedings of the Court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that because of active participation of the petitioners in the crime, two persons have sustained grievous injury, besides they have also damaged the house of the informant and set it on fire.

6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the omnibus accusation against the petitioners and their fair antecedent, coupled with the factum of case and counter case as well as the genesis of the dispute, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Muffasil P.S. Case No.207 of 2025, 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 petitioners.

(Harish Kumar, J)