The court grants bail based on insufficient evidence against the petitioner and consideration of his clean record.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 15-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seek regular bail in Bodhgaya P.S.

Case No. 457 of 2025 dated 20-06-2025, registered under Sections 126 (2), 115(2), 303(2), 109, 333, 352, 351(2), 351(3)

and 3(5) of the Bharatiya Nyaya Sanhita .

3. The petitioner and his family members are alleged to have assaulted the informant and his family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that there is a case and counter-case between the parties, the counter-case being Bodhgaya P.S. Case No. 459 of 2025 dated 22.06.2025, filed by the petitioner’s family against the informant and his family members. It is also submitted that there is a civil dispute pending between the parties. The allegation against the petitioner and one of the co-accused, namely Rajdeo Yadav is of having assaulted the informant’s brother, Awadhesh Kumar, with an iron rod, as a result of which, he allegedly sustained a head injury. It is further submitted that from a bare perusal of the order dated 11.12.2025 rejecting the petitioner’s bail application in A.B.P. No. 2850 of 2025, it would appear that the injured Awadhesh Kumar had sustained only one injury on the left side of the forehead. On the contrary, the allegation of assault is against two persons, whereas the nature of injury has been opined to be simple. Lastly, it is submitted that the petitioner has been in custody since 31.10.2025 and has no criminal antecedents.

5. Learned Additional Public Prosecutor for the State has opposed the prayer.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Gaya Ji, in connection with Bodhgaya P.S. Case No. 457 of 2025.

7. The application stands allowed.

(Khatim Reza, J)