The court allowed bail due to lack of specific allegations against the petitioners and procedural delays in the case.

For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate For the State : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 20-01-2026 Heard Mr. Anil Kumar Saxena, learned counsel for the petitioners and Mr. Rajendra Nath Jha, learned APP for the State.

2. Petitioners seek bail, who are in custody since

20.07.2025, in connection with Muffasil P.S. Case No. 685 of 2025, F.I.R. dated 14.07.2025 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 109, 329(3), 329(4), 352 of the B.N.S. and Section ¾ Prohibition of Witch Protection Act , 1999.

3. Allegation against the petitioners is that they along with other co-accused came to the house of the informant having sword and knife and brutally assaulted her husband to his head, back side, neck and other parts of the body due to which he received injuries.

4. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. Although, the petitioners are named in the F.I.R. but from perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt act attributed against these petitioners rather there is general and omnibus allegation against named accused persons and 20-25 unknown accused persons in the F.I.R. From perusal of the F.I.R. it appears that the date of occurrence as alleged in the F.I.R. is 12.07.2025 but the present F.I.R. was instituted on 14.07.2025 after delay of two days without giving any explanation of delay. He further submits that the police after investigation submitted chargesheet against the petitioners and the petitioners are in custody since 20.07.2025.

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

6. Considering the facts and circumstances of the case and the fact that the petitioners having clean antecedents and there is no specific allegation of any assault or overt act against them and F.I.R. was instituted after delay of two days, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya Ji in connection with Muffasil P.S. Case No. 685 of 2025, subject to the following conditions :-

(1) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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)