Bablu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9625 of 2026 Arising Out of PS. Case No.-353 Year-2025 Thana- KHAGARIA District- Khagaria ====================================================== Bablu Mahto S/o Binod Mahto @ Bauna R/o vill - Bhadas (South), P.S.- Gangour, Distt.- Khagaria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-04-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 02.12.2025 in connection with Khagaria P.S. Case No. 353 of 2025 for the offences punishable under Sections 109(1) and 3(5) of BNS and Section 27 of Arms Act.

3. According to prosecution case, in brief, is that the informant made computerized typed application on 29.11.2025 before the Officer-in-Charge of Gangour P.S stating therein that he is posted as S.I in Gangour P.S and on 28.11.2025 at 10 A.M in course of day raiding one Bideshwari Tanti Mahal Chowkidar gave information to him that Dilip Singh, Umesh Thakur and Mahendra Sah were talking at Tribhuwan Tola Chowk in the Bishanpur village near Dhiraj Motor Cycle Garrage and at that

Patna High Court CR. MISC. No.9625 of 2026(3) dt.01-04-2026 2/3 time two rider on one motor cycle from the side of Bhadas village came there and one of them fired upon Dilip Singh and due to which Dilip Singh sustained injury. Thereafter the informant gave information to his higher authority and departed towards occurrence place. Further it is alleged that the injured Dilip Singh was brought at Sadar Hospital Khagaria for his treatment but thereafter for the better treatment the injured was brought at Kalpana Nursing Home, Begusarai.

4. Learned counsel for the petitioner submits that petitioner is innocent and the allegation as alleged in the FIR is forged and fabricated and the petitioner has not committed any offence as alleged in the FIR. It is next submitted that due to previous dispute, the petitioner has been falsely implicated in the present case.

5. The learned Additional Public Prosecutor for the State on the basis of materials available on record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that the injury inflicted upon the injured person namely, Dilip Kumar, has stated that the petitioner has fired upon him and he had received bullet injury as mentioned in paragraph nos. 57 and 59 of the Case Diary. Apart from

Patna High Court CR. MISC. No.9625 of 2026(3) dt.01-04-2026 3/3 aforesaid, petitioner has antecedent of three cases other than the present case.

6. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Khagaria P.S. Case No. 353 of 2025 pending in the court of learned Chief Judicial Magistrate, Khagaria.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Gaurav Sinha/- U T