Sunil Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3213 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- KARANDAY District- Sheikhpura ====================================================== Sunil Mahto S/O Nako Mahto@ Nakat Mahto Resident of village- Asthawan, PS- Karandey, Dist- Sheikhpura ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Anupam For the Opposite Party/s :
Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Karandey Police Station Case No. 78 of 2024, disclosing offences under Sections 127(1), 118(2), 61, 3(5), 351(2), 79 of the BNS, 2023.
3. As per the prosecution case, on 31.10.2024, in the evening, when the informant was going on his motorcycle towards the market and no sooner than he reached near the temple, the petitioner and other accused persons surrounded him and assaulted him. Co-accused Chinmun Mahto and petitioner assaulted the informant by iron rod due to which he
Patna High Court CR. MISC. No.3213 of 2025(2) dt.20-02-2025 2/3 sustained head injury. When the mother of the informant intervened, the co-accused Chinmun Mahto also assaulted her with iron rod.
4. Learned Counsel for the petitioner submits that a counter case has been lodged by the side of the petitioner bearing Karandey P.S. Case No. 79 of 2024. She further submits that occurrence has taken place due to land dispute between the parties. Referring to the impugned order, learned counsel submits that though injury has been discussed in the impugned order by the learned Sessions Judge, Sheikhpura, but nature of the injury has not been described as grievous.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is case and counter case, both the parties, having land dispute, are residing in the same village, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sheikhpura,
Patna High Court CR. MISC. No.3213 of 2025(2) dt.20-02-2025 3/3 in connection with Karandey Police Station Case No. 78 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T