Baiju Mahto @ Baijnath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6931 of 2025 Arising Out of PS. Case No.-237 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

Baiju Mahto @ Baijnath Mahto S/O Gajadhar Mahto Resident of VillagePatpara, P.S-Bibhutipur, District-Samastipur 2.

Anita Devi wife of Baiju Mahto @ Baijnath Mahto Resident of VillagePatpara, P.S-Bibhutipur, District-Samastipur 3.

Anand Kumar Son of Baiju Mahto @ Baijnath Mahto Resident of VillagePatpara, P.S-Bibhutipur, District-Samastipur 4.

Rupam Kumari Daughter of Baiju Mahto @ Baijnath Mahto Resident of Village-Patpara, P.S-Bibhutipur, District-Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Bibhutipur P.S. Case No. 237 of 2024, lodged on 31.07.2024, under Sections 80/238 of

Patna High Court CR. MISC. No.6931 of 2025(2) dt.19-02-2025 2/3 the Bhartiya Nyay Sanhita, 2023.

3. As per the prosecution, it transpires that the father of the informant has lodged FIR against four named accused persons other than his son-in-law and alleged that the accused persons have killed his daughter.

4. From perusal of the record it transpires that a petition has been filed by the informant before the S.D.J.M. intimating that after filing the FIR subsequently she became aware that her daughter died due to taking Covid vaccine which is annexed as Annexure-P/2.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that it is a case under Sections 80 and 238 of the B.N.S. Act which is not compoundable and, therefore, the said petition in the form of compromise may not be accepted.

6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of S.D.J.M., Rosera, Samastipur, in

Patna High Court CR. MISC. No.6931 of 2025(2) dt.19-02-2025 3/3 connection with Bibhutipur P.S. Case No. 237 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Mkr./- U T