Regular bail may be granted where no injuries were caused despite allegations of firing, the accused has been in custody for a significant period, and the trial is pending without witness examination after charges have been framed.

ORAL ORDER

5 27-02-2026 Heard learned Senior counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 337, 338, 279, 307 and 386/506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner is alleged to have assaulted the informant and his father. Further, it has been alleged that the petitioner fired five shots at the informant with pistol but the informant anyhow managed to escape.

4. Learned Senior counsel for the petitioner submits that the anticipatory bail of the petitioner was rejected with the observation to surrender and seek regular bail in accordance with law. The allegations in the First Information Report itself indicates that an accident had taken place from the car of the petitioner due to which some altercation took place with the father of the informant, whereafter he is said to have again came back and opened five rounds of firing on the informant, however, he was saved. As such, it is submitted that had the petitioner got any intention to kill the deceased, there is no explanation as to how despite five rounds of firing, the informant did not receive any injury. The petitioner is in custody since 06.08.2025 with no criminal antecedent, however, subsequently he was made accused in another case on which is is on bail.

5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the First Information Report.

6. A report had been called for with regard to the stage of the case, which indicates that charges have already been framed on 08.12.2025 and the case is still pending at the stage of the evidence and no witness has been examined till 02.02.2026.

7. Taking into consideration the facts and circumstances and considering that no injury has been caused to anyone in the said case and charges have also been framed, let the above named petitioner, 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 the learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas /concerned Court below in connection with Rajpur P.S. Case No. 149 of 2023.