The court emphasized the presumption of innocence and granted bail based on the petitioners' claims and circumstances of the case.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

4 21-01-2026 Heard learned senior counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Chitragupta Nagar P.S. Case No. 60 of 2025 dated 06.06.2025 instituted for the offence punishable under Sections 223 , 126(2), 115(2), 352, 351(2) & 3, 303(2), 329(3), 111(6) & (7), 338, 336(3), 340(2), 3(5) of Bhartiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on the alleged date of occurrence, the petitioners and other accused persons abused and assaulted one Sanjeev Kumar, who was the care-taker of the property of the informant, and thereafter, ousted him from the house in order to grab the land and house of the informant, which is in violation of the status-quo order passed by this Court in Second Appeal No. 90 of 2022.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. Learned counsel for the petitioners further submits that agreement to sell was made between the petitioners (proposed purchasers) and one Ram Kumar Bajaj. The said agreement was executed on 22.11.2024 before passing of the status-quo order dated 04.03.2025 in Second Appeal No. 90 of 2022. The said Ram Kumar Bajaj is the owner of the land, in question, and there is dispute between the brother of Ram Kumar Bajaj and the informant, namely, Nirmal Kumar Bajaj. The said Nirmal Kumar Bajaj has lodged the present case. It is further submitted that Ram Kumar Bajaj has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 11.09.2025 passed in Criminal Miscellaneous No. 62145 of 2025. Lastly, it has been submitted that the petitioners are in custody since 22.08.2025. Petitioner no. 1 has three criminal cases against him and petitioner no. 2 has two criminal cases against him. Charge-sheet has been submitted in the case.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Chitragupta P.S. Case No. 60 of 2025.

(Khatim Reza, J)

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