Pre-arrest bail may be granted if injuries to the informant's family are found to be simple; otherwise, regular bail must be sought.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 28-01-2026 Heard Mr. Nafisu Zzoha, learned counsel appearing on behalf of the petitioners and Mr. Ajay Kumar No. 2, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Chausa P.S. Case No. 84 / 2025 registered for the offence(s) punishable under Sections

115(2),126(2),303(2),351(2),352,118(1), of the BNS . 3. As per the allegation made in the FIR, the accused persons named therein including the petitioners assaulted the informant and her family members, causing injuries to them.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. There is case and counter case between the parties and due to land dispute, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioners may have caused some injury on the persons of the informant and her family members without intention. The injury sustained by the injured persons is simple in nature. Petitioners have clean antecedents. On these grounds, petitioners seek to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR, the learned District Court is directed to call for the final opinion of the doctor in respect of the injury sustained by the injured persons and if it is found that the same is simple in nature, then in released on pre-arrest bail, in connection with Chausa P.S. Case No. 84 / 2025 on such terms and conditions as the learned District Court deems it fit and proper.

7. In case, the injury sustained by the injured persons is grievous in nature and attributable to the petitioners, then in regular bail before the learned district court.

8. The present petition stands disposed of.

(Purnendu Singh, J)