The court determines that anticipatory bail is justified due to the absence of specific allegations against the petitioners.

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 28-01-2026 1. Heard learned counsel for the parties.

2. The petitioners in this application pray for bail apprehending their arrest in connection with Raghopur P.S. Case no.52 of 2025 registered for the offence punishable under sections 189(2), 126(2), 117, 118, 109, 352 and 351 of the Bharatiya Nyaya Sanhita , 2023.

3. As per the prosecution case, the informant states that over a trivial matter relating to the informant asking for some money for conducting the last rites of their mother, the accused persons including the three petitioners herein assaulted him and his nephew. It is further stated that Jhimilal Rai and Kesilal Rai assaulted him with a stick causing injuries on his head as a result of which bleeding started. On a hulla being raised, he was saved by the neighbours.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. From the contents of the FIR itself, it would transpire that so far as the petitioners are concerned, they happen to be the nephews of the informant against whom the allegations are general and omnibus in nature. The specific allegation is against co-accused Jhimilal Rai and Kesilal Rai. The petitioners have no criminal antecedent and undertake to cooperate in the investigation.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioners in the FIR, the specific allegation of assault being against the co- accused and not the petitioners herein together with the petitioners not having any criminal antecedent, it is directed that all the three petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Raghopur P.S. Case no.52 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J)