Anticipatory bail granted when allegations against petitioners are general, and primary assault accusations are against another individual.

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 Motihari Mufassil P.S. Case no. 574 of 2025 registered for the offence punishable under sections 103, 126(2), 115(2), 117(2), 109, 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyay Sanhita , 2023.

3. As per the prosecution case, the six named accused persons including the petitioners herein are said to have come variously armed. The informant states that they started to hurl abuses. On protest by the informant, Bhagelu Das is said to have forcibly taken the informant where after Bhushan Das struck him with an iron rod as a result of which he sustained injuries in his right hand. Thereafter Chandan Kumar and Santosh Kumar assaulted with lathi and rod. On the son of the informant coming to his rescue, it is stated that Bhushan Kumar struck him with an iron rod on the head as a result of which, he fell down unconscious. On hulla being raised, the accused persons went away giving threats.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. There is case and counter case between the parties. The allegation of the assault is on Bhushan Das. On others including the petitioners herein, the allegations are general and omnibus in nature. The allegation of the assault on the son of the informant is not on the petitioners herein but on Bhushan Das. The petitioners undertake to cooperate in the investigation/trial.

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

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioners in the FIR, allegation of assault being mainly on Bhushan Das and not the petitioners herein, in the facts of the case, it is directed that 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 Motihari Mufassil P.S. Case no. 574 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, East Champaran, Motihari.

(Partha Sarthy, J)