Inferences from vague accusations do not justify arrest; bail granted considering absence of solid evidence.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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

2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 147, 148 , 149, 307, 353 and 120 ( b ) of IPC, 25 (1-b)a/26/27/35 of Arms Act , 5 of Explosive Substance Act 1908 and 16 , 18 , 19 and 20 UAP Act , 1967 .

3 . As per prosecution case , on receiving information that Naxal Commander Arvind Yadav and Sree Koda with their accomplices were gathering for committing some untoward incidents in the hilly and forest area of Govardha and Chehron Kodasi, ‘C’ level operation was conducted and during the course of operation, naxals who were hiding in ambush started firing indiscriminately on the team. The team started firing in the self defence and proceeded ahead, in result, the miscreants were compelled to flee from the spot. After some times, the firing stopped from the side of naxalites thereafter, thorough search of the encounter side was conducted and 12 bore country made double barrel gun, several other explosive substance, equipment and the naxali literature were recovered from the said area .

4. It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence as alleged. He has been falsely implicated in this case merely on suspicion. From perusal of the F.I.R., it appears that name of the petitioner has been implicated in this case by the informant who is the police personnel only on the ground that he heard the naxalis saying about eight names including the petitioner and they were taking help from them. Save and except this vague statement in the F.I.R., there is no other material against the petitioner. Neither the petitioner was arrested on the spot nor any incriminating article has been recovered from his conscious possession . Petitioner claims clean antecedent.

5. Learned counsel for the State opposed the bail petition .

6 Considering the aforesaid facts, clean antecedent of the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, 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 - 1^st Lakhisarai in connection with Chanan P.S. Case No. 157 of 2019, subject to the conditions laid down under section 482(2)

of the Bharatiya Nagarik Suraksha Sanhita , 2023 .