Bail granted due to lack of supporting medical evidence for charges, similar co-accused granted bail.

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 20-01-2026 Heard Mr. Abhishek Kumar , learned counsel for the petitioner and Mr. Ram Bilash Roy Raman, learned APP for the State.

2. Petitioner seeks bail, who is in custody since

31.07.2025, in connection with Chhatauni P.S. Case No. 470 of 2025, F.I.R. dated 29.07.2025 registered for the offences punishable under Sections 329(3), 126(2), 115(2), 103(1), 3(5)

of the B.N.S.

3. As per the prosecution case, the petitioner along with others, variously armed, came to the door of the informant and assaulted the informant and her son. Thereafter, they took away her son and after killing him, threw his dead body at the door of her brother-in-law.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged 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 26.07.2025 but the present F.I.R. was instituted on 29.07.2025 after delay of three days without giving any explanation of delay. Although the petitioner is named in the F.I.R. and there is specific allegation against the petitioner in the F.I.R. that they along with other co-accused persons have assaulted to the deceased but the postmortem report does not support the allegation as alleged in the F.I.R. The postmortem report reveals that cause of death is Asphyxia due to hanging which suggests that the deceased has committed suicide herself. He further submits that co-accused person namely Vikash Kumar @ Vikesh Paswan against whom the similar allegation has been granted bail by a Coordinate Bench of this Court vide order dated 13.01.2026 passed in Cr. Misc. No. 90003 of 2025 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 31.07.2025.

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

6. Considering the facts and circumstances of the case and the fact that the allegation as alleged in the F.I.R. has not supported by the medical evidence and similarly situated co- accused person has been granted bail by a Coordinate Bench of this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Chhatauni P.S. Case No. 470 of 2025, subject to the following conditions :-

(1) 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.

(2) If the petitioner tampers 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 petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, 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)