The court emphasized that bail can be granted if the accused has clean antecedents and the injury is simple, balancing the considerations of justice and procedural integrity.

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

2 20-01-2026 Heard Mr. Karandeep Kumar, learned counsel for the petitioner as well as Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since

24.10.2025 in connection with Rajepur P.S. Case No. 277 of 2025, F.I.R. dated 04.10.2025 for the offences punishable under Sections 190 , 191(2), 191(3), 126(2), 115(2), 109(1), 303(2), 351(2) and 352 of the Bharatiya Nyay Sanhita , 2023.

3. According to prosecution case, the informant alleged that the petitioner along with other co-accused persons assaulted his son when he was playing. It is further alleged that the accused persons forcefully entered the house of the informant and assaulted him and his family members by means of lathis, sticks and farsa.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. There is case and counter case between the parties and due to some previous dispute the present occurrence has taken place. Although the petitioner is named in the FIR and there is specific allegation against him that he assaulted to the mother of the informant, namely, Shivkumari Devi and she received injury but her injury report suggest that injury inflicted upon her is simple in nature and the petitioner is in custody since 24.10.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there is case and counter case between the parties 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 the learned Judicial Magistrate, First Class, East Champaran, Motihari in connection with Rajepur P.S. Case No.

277 of 2025, subject to 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 absence on two consecutive dates without sufficient reason, his 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)