Anticipatory bail granted where allegations are general and non-specific amidst a counter-case.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 28-01-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. At the outset, learned counsel appearing on behalf of the petitioners seeks permission to withdraw this anticipatory bail application on behalf of Petitioner No. 5, namely Pappu Kumar, as during pendency of this case, Petitioner No. 5 has already been arrested and the same has become infructuous.

3. Permission, as prayed for, is accorded.

4. Accordingly, this anticipatory bail application with regard to Petitioner No. 5 stands dismissed as withdrawn.

5. Petitioner Nos. 1, 2, 3 and 4 apprehend their arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 324(4), 352, 351(2)

and 351(3) of the B.N.S. .

6. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these petitioners, assaulted informant and others.

7. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on account of land dispute between the parties, maar-peet took place in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Doctor has found the injuries, allegedly caused by these petitioners, simple in nature.

8. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

9. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case and nature of injuries sustained by the injured, the prayer for grant of anticipatory bail to Petitioner Nos. 1, 2, 3 and

4 is allowed.

10. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner Nos. 1, 2, 3 and 4 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 learned J.M.-I, East Champaran, Motihari in connection with Madhuban P.S. Case No. 10 of 2025, subject to condition as laid down under Section

482(2) of the B.N.S. S..

11. With the aforesaid directions, this application stands disposed of.

(Prabhat Kumar Singh, J)