Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6190 of 2025 Arising Out of PS. Case No.-91 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== Sunil Mahto s/o Bishundeo Mahto Village- Shasan, P.S.- Hasanpur, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar, Advocate For the State :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Hasanpur P.S. Case No. 91 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 427, 504, 506, 34 of the IPC.

3. As per the prosecution story, on 17.03.2022, the informant along with his wife were standing at the veranda of their house. The petitioner along with other co-accused persons came there and asked for money for the house but the informant denied and told his brother to first deposit Rs. 1.5 lakhs then only the informant will vacate the house. It is further alleged that the petitioner along with his wife has assaulted the

Patna High Court CR. MISC. No.6190 of 2025(3) dt.08-10-2025 2/3 informant and his wife.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He has further submitted that the petitioner is the own brother of the informant. The informant was not evicting the house according the the verdict of Panchayati, despite the fact that the petitioner has paid him Rs. 1,50,000/-. It has further been submitted that the nature of injury has not been mentioned in the injury report. It has further been submitted that co-accused Rajni Devi has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 29.11.2024 passed in Cr. Misc. No. 78318 of 2024.

5. On the other hand, Mr. Shailendra Kumar, the learned APP for the State has opposed the prayer for bail.

6. It is a fight between the two brothers over the property and nature of injury has not been mentioned in the injury report.

7. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.6190 of 2025(3) dt.08-10-2025 3/3 each to the satisfaction of learned A.C.J.M., Rosera, Samastipur in connection with Hasanpur P.S. Case No. 91 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C./ 482(2) of the BNSS, 2023.

(Nawneet Kumar Pandey, J) priyanka/- U T