Bail granted considering the general nature of allegations and absence of criminal antecedents.

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Banka P.S. Case No.207 of 2023, dated.02.04.2023, registered for the offences punishable under Sections 143 , 149, 341, 323, 324, 504, 506, 325, 307 of the Indian Penal Code .

3. As per allegation, when the Informant called one JCB machine, all the accused persons surrounded the JCB and damaged it and they also assaulted the brother and daughter of the informant causing injury on the person of the informant as well as his brother and daughter.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that on account of land dispute this occurrence had taken place when the informant called the JCB machine and the allegation of assault is general and omnibus in nature and there is no specific role alleged against any of any of the accused persons. He also submits that the alleged injury caused is simple in nature. He further submits that similarly situated thirteen co-accused have been enlarged by a co-ordinate Bench of this Court vide order dated 24.07.2025 passed in Cr.

Misc. No. 44788 of 2025.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the simple nature of injury, general and omnibus nature of allegation and enlargement of the co-accused persons on anticipatory bail by a co-ordinate Bench of this Court, this petition is allowed, directing the petitioner, above- named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Banka P.S. Case No.207 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

(Jitendra Kumar, J.)