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Judgment
2/05.08.2026 Heard learned counsels for petitioners and for State.
The petitioners are apprehending their arrest in connection with Bengabad PS Case No.57 of 2026, for offence registered under section 126(2), 115(2), 118(2), 109(1), 304(2), 76 read with section 3(5) of BNS, 2023, pending in court of learned Chief Judicial Magistrate, Giridih.
Learned counsel for petitioners submits that there are case and counter case between the parties and the altercation took place while the petitioners’ side was trying to erect the boundary wall. He next submits that both the sides are agnates and there are case and counter case between the parties and in view of that he submits that anticipatory bail may kindly be granted.
Learned State counsel opposes prayer and submits that allegations are there of assault against all the accused persons.
On perusal of the FIR it transpires that there are general and omnibus allegations against all the accused persons of assault and both the sides are said to be agnates and altercation took place while erecting the boundary wall and in the FIR lodged by the petitioners’ side, the petitioner no.1 has also received injury and there are case and counter case between the parties and injury is said to be simple, I am inclined to grant anticipatory bail to petitioners.
Accordingly, both the petitioners, above named, ae hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, to satisfaction of learned Chief Judicial Magistrate, Giridih, in connection with Bengabad PS Case No.57 of 2026, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.