The court granted bail recognizing a lack of specific allegations against the petitioner in a serious assault case.

For the Petitioner/s : Mr. Md Shahid Akhtar, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr. Md. Shahid Akhtar, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

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

04.05.2025 in connection with Runnisaidpur P.S. Case No. 171 of 2025, S.Tr. No.421/2025, F.I.R. dated 03.05.2025 for the offences punishable under Sections 103(1) and 3(5) of the B.N.S. , 2023.

3. According to prosecution case, petitioner and co-

accused person are alleged to have assaulted the informant’s bhanja with bamboo stick. The specific allegation of assault is attributed against co-accused Munna Kumar and due to assault he died.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Although, the petitioner is named in the F.I.R. but from a bare perusal of F.I.R. the specific allegation of assault is attributed against the co-accused person, namely, Munna Kumar. He further submits that the police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 04.05.2025.

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

6. Considering the aforesaid facts and circumstances and also the fact that the petitioner has clean antecedent, there is no specific allegation of any assault or overt act attributed against the petitioner, 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 court of District and Additional Sessions Judge-IX, Sitamarhi, in connection with Runnisaidpur P.S. Case No. 171 of 2025, S.Tr. No. 421/2025 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 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)