The court granted bail considering the lack of direct evidence against the petitioner and his prolonged judicial custody.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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

2. The petitioner seeks bail in connection with Karai Parsurai P.S. Case No. 160 of 2025, dated 14-07-2025 instituted for the offence punishable under Sections126(2),127(2), 115(2), 109(1), 351(2), 352, and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act .

3. The prosecution case, in short, is that on

08.06.2025 at about 4:00 P.M., while the informant was engaged in the process of soil filling on his land at that time, accused persons arrived and forcibly protested the work. They allegedly used abusive language and gave threatening to kill the informant and his father. It is further stated that on 13.07.2025 at about 10 AM, while the informant’s father was returning home after grazing buffalo, petitioner and co accused Pappu Sapera both have caught hold his father near Samudaik Bhawan and co- accused Indal Sapera fired a gunshot at the informant’s father causing a serious injury to his left leg, on account of which, he fell down. After hearing the gunshot, the informant and villagers rushed to the scene. While the petitioner managed to flee, the villagers successfully apprehended Indal Sapera and handed him over to the police.

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 specific and direct allegation only against the co-accused, Indal Sapera, who is alleged to have fired a shot at the left leg of the informant’s father, as a result of which, he sustained a firearm injury. It is further submitted that as per the narration in the FIR as well as the injury report, only one injury was found on the person of the injured. The petitioner has been arrayed as an accused in the instant case merely on account of a prior dispute between the parties. The only allegation attributed against the petitioner is that he along with co-accused Pappu Sapera, allegedly caught hold of the informant’s father. Lastly, it is submitted that the petitioner has been in judicial custody since 02.09.2025. He has only one other criminal case pending against him, in which he has already been granted bail.

5. Learned A.P.P. has opposed the prayer for bail.

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 Additional Chief Judicial Magistrate-I, Hilsa, Nalanda, in connection with Karai Parsurai P.S. Case No. 160 of 2025.

7. The application stands allowed.

(Khatim Reza, J)