Grant of regular bail where specific allegations of weapon use are absent and co-accused is released.

On January 6, 2026, during a market festival (Madai) in Village Borsi, a physical altercation occurred where the four applicants and other co-accused allegedly used abusive language and assaulted the victim, Gaindlal Sahu, with hands and fists.

Co-accused Krishna Sahu (a juvenile) allegedly inflicted knife wounds on the victim’s abdomen and back.

An FIR was registered under Sections 296, 109(1), 190, 191(1),(2),(3), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 25 27 of the Arms Act.

The applicants were arrested on January 8 and 9, 2026 and moved the High Court for regular bail after the charge sheet was filed.

1. Whether the applicants are entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering their specific roles and the stage of the investigation/trial.

The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 439 CrPC) regarding the grant of regular bail.

The Court also considered the penal provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and the principle of parity in bail, noticing that the main perpetrator (a juvenile) had already been granted bail by the competent court.

Furthermore, it adhered to the procedural requirements of Section 269 of BNS (non-attendance) and Sections 84 (proclamation) and 351 (accused statement) of BNSS.

The Court observed that while the applicants were present during the incident, the specific allegation of using a lethal weapon (a knife) was attributed solely to the juvenile co-accused, not the applicants.

The Court noted that the applicants’ names were absent from the initial FIR and that their alleged role was limited to a physical assault by hand and fist during a general quarrel.

It was further reasoned that no incriminating articles were seized from the applicants’ possession and they had no prior criminal record.

Since the charge sheet had already been filed and the juvenile who caused the actual knife injury had been released on bail, the Court found no justification for the continued incarceration of the applicants, especially as the trial was expected to take considerable time.

The Court ordered their release upon furnishing a personal bond with two sureties each, subject to conditions: they must not seek unnecessary adjournments, must attend all court dates personally, and must comply with procedures under Sections 209 and 351 of BNSS; failure to comply would allow the trial court to treat such default as an abuse of liberty.