The court granted bail based on the nature of injuries and absence of substantive allegations in the FIR.

For the Petitioner/s : Mr.Md. Anisur Rahman, Advocate For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 17-01-2026 Heard Mr.Md. Anisur Rahman, learned counsel for the petitioner and Mr.Bhanu Pratap Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since

12.10.2025 in connection with Siwan Town (Sarai O.P.) P.S. Case No. 393 of 2023, F.I.R. dated 21.07.2023 registered for the offence punishable under Sections 341 , 342, 323, 307, 504, 506, 120(B) of IPC and Section 27 of Arms Act .

3. Allegation against the petitioner is that he alongwith co-accused person namely, Yasin Sah fired six rounds, as a result, informant received injury in his hand and waist.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. From a bare perusal of the FIR it appears that although the petitioner is named in the FIR but from a bare perusal of the FIR it appears that there is no specific allegation of any assault, overt-act or firing attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner that they have fired upon the informant/victim, although the informant/victim has received the injury but the injury report of the informant/victim suggests that he sustained following injuries:- (I) L.W. of left side back 1x2/1/3”. (II) L.W. of left hand 2”x1/2”. Cause-(fire arm) and despite the fact that bullet was found entangled in pelvic bone, the Doctor opined the nature of injury as simple. The police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 12.10.2025.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid fact, petitioner has clean antecedent and injury inflicted upon the injured person is simple in nature, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with Siwan Town (Sarai O.P.) P.S.

Case No. 393 of 2023, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)