Bail granted despite allegations of violence, contingent on cooperation and witness protection measures.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 28-01-2026 Heard the parties.

2. The petitioner apprehends his arrest in connection with Chandi P.S. Case No. 71 of 2025, registered for the offences punishable under Sections 191(3), 190, 126(2), 115(2), 109, 118(1), 352, 351(2) of the BNS.

3. On the fateful day, while the elder brother of the informant was ploughing filed, in the meanwhile, all the FIR named accused persons, including the petitioner along with some unknown persons, armed with farsa, garasa and pistol came there and started abusing. On protest being made, it is alleged that the accused persons brutally assaulted the father and brother of the informant. It is further alleged that this petitioner assaulted the informant by means of garasa due to which, he sustained cut injury in his finger.

4. Learned Advocate for the petitioner submitted that the genesis of the occurrence is nothing but a land dispute. Moreover the injury which is allegedly sustained to the informant is concerned, the same was an unfortunate one and on non vital part. The petitioner is agnate and they are bickering over the land dispute and on the said date they entered into a scuffle resulting into some unfortunate injury. The petitioner undertakes that he will fully cooperate in the proceeding of the court and would not indulge in such incidence.

5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail and submitted that the petitioner bears two criminal antecedent, though both relate to the penal provision of the Bihar Prohibition and Excise (Amendment) Act , 2018.

6. Having considered the submission advanced on behalf of the respective parties and taking note of the nature of accusation leading to grievous injury, but over the non vital part, besides the fact that others have sustained simple injury as also the genesis of the occurrence and the undertaking of the petitioner, let the petitioner abovenamed 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Chandi P.S. Case No. 71 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita , 2023, with the further conditions:

(i) that one of the bailors shall be the own/close family members of the petitioner, (ii) that the petitioner would not indulge in intimidating the witnesses/informant or tampering with the evidence, and (iii) that in case, the petitioners shall be found indulge in intimidating the informant/witnesses or tampering with the evidence, the informant shall be at liberty to file an application for cancellation of the bail of the petitioner.

(Harish Kumar, J)