Hiraman Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5920 of 2025 Arising Out of PS. Case No.-19 Year-2024 Thana- GAUNAHA District- West Champaran ====================================================== Hiraman Mahato S/o- Moti Mahto Resident of VIll- Meghauli, P.S.- Gaunaha, Dist- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gaunaha P.S. Case No. 19 of 2024 instituted for the offences under Sections 147, 148, 149, 342, 323, 324, 307, 379, 427, 447, 504, 506 of the B.N.S.

3. As per prosecution case, the accusation against the petitioner is that he along with other named accused persons formed an unlawful assembly and caused grievous head injury to the Informant's brother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. There is no direct or specific allegation of any overt act against the petitioner rather the same

Patna High Court CR. MISC. No.5920 of 2025(2) dt.12-02-2025 2/2 is general and omnibus in nature. The specific allegation of assault is against the co-accused Saddhu Mahto and Sandeep Mahto. He further submits that the allegation of theft against the petitioner is a super addition. The petitioner has no criminal antecedent and is languishing in judicial custody since 19.10.2024 without any rhymes or reason.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gaunaha P.S. Case No. 19 of 2024. (Rudra Prakash Mishra, J) rishi/- U T