Anticipatory bail can be granted when the petitioner is not named in the FIR, and allegations against them are general and omnibus.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 22-01-2026 At the outset, learned counsel for the petitioner has prayed for and is granted permission to make correction in paragraph no. 3 of the main petition.

2. Heard learned counsel for the petitioner and the State.

3. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 191 (2), 191(3), 190, 126(2), 127(2), 103(1), 303(2), 308(6), 326(g), 324(6), 352, 351(2) and 351(3) Bharatiya Nyaya Sanhita .

4. As per F.I.R., all the named accused persons along with 10-15 unknown persons, armed with pistols and weapons, came to the house of informant and on the order of co-accused Guddu Yadav, other co-accused persons attacked the house sprinkled petrol and set the house of informant on fire as a result of which, husband of the informant was burnt alive.

5. Learned counsel for the petitioner submits and petitioner is not named in the F.I.R.. His name transpired during course of investigation in confessional statement of co-accused with allegation that this petitioner was also involved in the alleged occurrence. Allegation against petitioner is general and omnibus. It is further submitted that informant claims to be eye witness of the occurrence and she has not named this petitioner nor whispered anything about presence of petitioner at the time of alleged occurrence.

6. Learned A.P.P. for the State vehemently opposed the bail application.

7. Considering the fact that petitioner is not named in the F.I.R. and nature of accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, 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 Judicial Magistrate-I-cum-Additional Chief Judicial Magistrate-VIII, Araria in connection with Bhargama P S Case No. 306 of 2025 , subject to condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita , 2023.

(Prabhat Kumar Singh, J)