The court determines bail eligibility based on the nature of injuries sustained by the informant and whether attributable to the petitioner.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 04-02-2026 Heard Mr. Shailendra Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Shailendra Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Rajnagar P.S. Case No. 399 of 2025 registered for the offence(s) punishable under Sections 329(3), 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the BNS . 3. As per the allegation made in the FIR, the accused persons named therein including the petitioner with a common intention to kill assaulted the informant on different parts of his bodies, causing injuries. Specific allegation against the rod on his back and also snatched Rs.5,000/- from him.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has given information in paragraph no.8 that informant is his own Gotia and there is land dispute between them which resulted into free fight and in self-defence, the petitioner may have caused some injury to the informant. He further submitted that there is direct allegation against the petitioner that he had assaulted on the back of the informant but according to injury report, there is no injury on the back of the informant, rather incised wound has been found over the right parietal region of the informant and that too is simple in nature. Petitioner has clean antecedent. On these grounds, petitioner seeks 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 heard the rival submissions made on behalf of the parties, as well, having perused the allegation made in the has been claimed that there is no injury on the back of the informant but as per the opinion of the doctor, the injury has been found over right parietal region, which is vital part of the body and as such, the learned District Court is directed to verify the injury report and if it is found that the same is simple in nature, then in that case, the petitioner, above named, is directed to be released on pre-arrest bail, in connection with Rajnagar P.S. Case No. 399 of 2025 on such terms and conditions as the learned District Court deems it fit and proper.

7. In case, the injury sustained by the informant is even grievous in nature but not attributable to the petitioner, then in that case also, the petitioner is directed to be released on pre-arrest bail on such terms and conditions, as the learned District Court deems it fit and proper.

8. The present bail application stands disposed of.

(Purnendu Singh, J)