Anticipatory bail granted based on lack of specific allegations and absence of criminal antecedent.

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 grant of anticipatory bail apprehending their arrest in connection with Khirhar P.S. Case no. 35 of 2025 registered for the offence punishable under sections 126(2), 115(2), 76, 109, 303(2), 352, 351(2) and 3(5) of the Bhartiya Nyay Sanhita , 2023 3. As per the prosecution case, the informant states that the fourteen named accused persons including the two petitioners herein came variously armed. It is further stated that on the orders of Bhogi Kamat, Bhogi Kamat assaulted the wife of the informant with a sharp cutting Khanti on her head causing grievous injury. Further Ranjeet Kamat outraged her modesty and thereafter Sukhi Kamat is said to have assaulted with an iron rod.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The allegation of assault with the Khanti or an iron rod is not on the petitioners herein. In fact, there is no allegation of assault so far as the petitioner no.1 Mukhi Kamat is concerned. The petitioners have no criminal antecedent and undertake to cooperate in the investigation.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that the petitioners are named in the FIR and there is direct allegation against them of having actively participated in the assault wherein grievous injury was sustained by the informant and the members of his family.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the FIR, the allegation of assault being specific on Bhogi Kamat and Sukhi Kamat and not the petitioners herein together with the petitioners not having any criminal antecedent, it is directed that both the 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 Khirhar P.S. Case no.35 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 Sub Divisional Judicial Magistrate, Madhubani.

(Partha Sarthy, J)