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Judgment
Gautam Kumar Choudhary, J
Heard both the sides.
This bail application has been filed on behalf of Rajendra Yadav @ Raju Yadav and Chandrika Garain who are in custody since 16.09.2025 in connection with Markacho P.S. Case No. 54 of 2025 for the offence registered under Sections 126(2), 115(2), 117(2), 76, 303(2), 352/3(5) of the BNS, 2023 pending in the Court of J.M.F.C, Koderma is pressed into motion.
It is submitted by learned counsel for the petitioner there is case and counter case filed on behalf of both parties. The petitioner no. 2 was also injured who lodged Markacho P.S. Case No. 55/2025. Initially the present case was not registered under Section 109 of BNS, rather it was added after four months.
It is contended that the offence under Section 109 of BNS will not be made out, as only two persons sustained injuries in which Anita Devi suffered simple injuries on her head and one fracture on her finger, which is a non-vital part of the body. Another injured was Annu Kumari, aged 13 years, and the allegation of assault on her is not directed against the petitioner. Although the case was registered under Section 76 of BNS, however, charge-sheet has not been filed under this section.
Learned APP, assisted by learned counsel for the informant, have vehemently opposed the prayer for bail and submitted that there is an intentional assault on the vital part of the head which was averted by the injured with her hand resulting in fracture of her finger which was grievous in nature.
Having been considered the submissions advanced on behalf of both sides, it appears that there is case and counter case due to land dispute. Since it is a case of free fight, therefore, vicarious liability will not apply and each one involved will be responsible for their individual act. The injuries sustained on the vital part is simple in nature.
Under the circumstances, the above-named petitioners are directed to be released 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 the Court below.