Pre-arrest bail granted when no overt act proven against the accused.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 20-01-2026 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 191 ( 2 ), 190, 126 ( 2 ), 115 ( 2 ), 118 (1) , 109 (1) , 303 ( 2 ), 352 and

351 ( 2 ) of BNS .

3 . As per F.I.R., informant alleged that on

03.06.2025 , all the accusd persons including petitioners armed with lathi, danda , iron rod and farsa came and on the order of petitioner No. 1 petitioner Nos. 2 and 3 assaulted brother of informant.

4. Learned counsel for the petitioner submitted that petitioners are innocent and has committed no offence as alleged. Allegation of assault is general and omnibus against petitioner Nos. 2 and 3 . No specific allegation of any overt act is alleged against petitioner No. 1 and he is only alleged to be order giver.

5 . Learned counsel for the State opposed the bail petition and submitted that petitioner Nos. 2 and 3 assaulted brother of informant and have got 8 criminal antecedents.

6. Considering the nature of accusation against petitioner Nos. 2 and 3 , the prayer for pre – arrest bail of petitioner Nos. 2 and 3 is rejected.

7. Considering the fact that petitioner No. 1 is only alleged to be order giver and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner No. 1 , as named above , be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM Sikrahana at Dhaka East Champaran Motihari in connection with Ghorasahan P.S. Case No. 177 of 2025 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) , 2023 .

(Prabhat Kumar Singh, J)