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Judgment
2/04.08.2026 Heard learned counsel for the petitioners and learned A.P.P for the State.
The petitioners are apprehending their arrest in connection with Hunterganj P.S. Case No.217/2024, registered for the offence under Sections 127(1), 127(2), 115(2), 117(2), 109, 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita, pending in the Court of the learned Judicial Magistrate, 1st Class, Chatra.
Learned counsel appearing for the petitioners submits that there is dispute between Jagdev Yadav and informant and the allegations are made that Jagdev Yadav has called 18 persons on the spot and they have also indulged in hooliganism. He next submits that the petitioners have got no criminal antecedent, as disclosed in paragraph 11 of this application. He further submits that the allegation of assault is not there against the petitioners. He also submits that in the similar circumstance, the other co-accused has already been provided the privilege of anticipatory bail in A.B.A. No. 2084 of 2026 and ABA No.4161 of 2026 by this court. On these grounds, he submits that anticipatory bail may kindly be provided to the petitioners.
Learned A.P.P. appearing for the State has opposed the prayer and submits that the allegations of assault are there and the injury has also been received. On this ground, he submits that anticipatory bail may kindly be rejected.
Looking into the contents of the FIR, it transpires that there are general and omnibus allegations of assault and it is not specific that these petitioners have assaulted and pursuant to that the injury has been received. Further, the petitioners have got no criminal antecedent, as disclosed in paragraph 11 of this application and in the similar circumstance, the other co-accused has already been provided the privilege of anticipatory bail in the aforementioned A.B.As. by this Court.
In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to both the petitioners.
Accordingly, both the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Chatra in connection with Hunterganj P.S. Case No.217 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.