Different standards for granting bail applied based on specific allegations against petitioners.

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 126 ( 2 ), 115 ( 2 ), 109, 352, 303 ( 2 ), 76 and 3 (5) of BNS.

3 . According to the FIR, informant alleged that all the accused persons including these petitioners came at the house of informant and started abusing and assaulting informant and his family members. It is further alleged that petitioner No. 1 outraged the modesty of sister-in -law of the informant and other co- accused persons threatened informant and others with dire consequences and also snatched Rs.

50,000/- from mother of informant.

4. Learned counsel for the petitioners submitted that allegation is general and omnibus against these petitioners. No specific overt act is alleged against them. Injuries sustained by the injured are simple in nature .

5 . Learned counsel for the State opposed the bail petition and submitted that there is specific allegation against petitioner No. 1 that he outraged the modesty of sister-in -law of informant.

6. Considering the seriousness and nature of accusation against petitioner No. 1 and gravity of offence , the prayer for pre – arrest bail of petitioner No. 1 is rejected.

7. Considering the general and omnibus allegation against petitioner Nos. 2 and 3 and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner Nos. 2 and 3 , as named above , be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM Nawada in connection with Rajauli P.S. Case No. 345 of 2025 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

(Prabhat Kumar Singh, J)