Patna High CourtCR. MISC./5509/2025bail granted

Arvind Mahto v. The State Of Bihar

2025-02-06Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5509 of 2025 Arising Out of PS. Case No.-153 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== Arvind Mahto Son of Rajendra Mahto Resident of Dhobopur, Bansara, P.S.- Haya Ghat, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-02-2025

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Hayaghat P.S. Case No. 153 of 2024 dated 11.09.2024 registered under Section 126(2), 115(2), 303(2), 74, 352, 351 (2), 109, 3(5) of the Bhartiya Nyay Sanhita, 2023.

3. As per the prosecution case on 09.09.2024 in the morning when the informant was at her home, all the accused persons including the petitioner arrived there variously armed and assaulted the daughter of the informant by means of "farsa" on her head. The accused persons torn the blouse of the informant, broke the house and took away Rs. 50,000/- kept in a box.

4. Learned counsel for the petitioner submits that both the parties are agnates and the occurrence has taken place on a petty dispute between them. He further submits that the allegation of assault upon the daughter of the informant is specific against

Patna High Court CR. MISC. No.5509 of 2025(2) dt.06-02-2025 2/2 Dharmendar Mahto. The allegation against the petitioner is general and omnibus in nature. The injury caused to the informant's daughter is simple in injury. The petitioner is in custody since 16.09.2024 and charge sheet has already been submitted. The co-accused persons have been granted anticipatory bail by this court in Cr. Misc. No. 84981 of 2024 (annexure-2).

5. Regard being had to the submissions made by the parties, taking into consideration the fact that both the parties are agnates having previous dispute, injury caused to the informant's daughter is simple in nature and the other co-accused persons have been granted anticipatory bail by this court, I am inclined to grant regular bail to the petitioner.

6. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000 /- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Hayaghat P.S. Case No. 153 of 2024.

praful/- (Anil Kumar Sinha, J) U T