Om Prakash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5169 of 2026 Arising Out of PS. Case No.-334 Year-2025 Thana- DIGHWARA District- Saran ====================================================== 1.

Om Prakash Mahto son of Late Mahavir Mahto @ Late Mahavir Mahato @ Late Mahabir Mahato Resident of Village- Aami PS- Dighwara Distt -Saran 2.

Vikash Kumar son of Om Prakash Mahto Resident of Village- Aami PSDighwara Distt -Saran 3.

Rambabu Mahto son of Late Mahavir Mahto @ Late Mahavir Mahato @ Late Mahabir Mahato Resident of Village- Aami PS- Dighwara Distt -Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Khushi Awadh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-02-2026 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 109, 74, 329(4), 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, on 08.08.2025 at about 7 PM, wife of the informant went to Ganga Ghaat to attend call of nature, during which all the F.I.R. named accused persons, including these petitioners tried to misbehave with her. Upon protest, her husband reached at the spot to save her wherein, all

Patna High Court CR. MISC. No.5169 of 2026(2) dt.03-02-2026 2/3 the accused persons assaulted informant by means of iron rod, daab, etc. It is further alleged that the accused persons also reached the house of informant and pressed necks of children of informant and threatened to kill them.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Both parties are co-villagers and due to petty dispute, this false and concocted case has been lodged. Even as per F.I.R., allegation of assault is general and omnibus. Occurrence took place on 8.8.2025 for which Fardbayan was recorded at PMCH, Patna on 19.8.2025. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering general and omnibus allegation, delay and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Saran at Chapra in connection with Dighwara P. S. Case No. 334 of 2025, subject to condition as laid down under

Patna High Court CR. MISC. No.5169 of 2026(2) dt.03-02-2026 3/3 Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T