Mukund Mohan @ Bhutali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9155 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- AKHODHIGOLA District- Rohtas ====================================================== 1.

Mukund Mohan @ Bhutali S/O Late Dinesh Singh R/O Vill.- Tetradh, P.S.- Akhorigola, Dist.- Rohtas, Bihar 2.

Tunu Singh @ Tunun Singh @ Krishna Mohan S/O Late Dinesh Singh R/O Vill.- Tetradh, P.S.- Akhorigola, Dist.- Rohtas, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

XXX D/O Amit Singh R/O Vill.- Tetradh, P.S.- Akhorigola, Dist.- Rohtas, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niraj Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Akhorigola P.S. Case No. 238 of 2024 registered for the offence punishable under Sections- 126(2)/115(2) /74/ 75/ 76/77 /329(4) /352/351(2)/3(5) of the BNS.

3. According to allegation, the petitioners entered into house of the informant and started molesting her. The petitioner No. 2 assaulted the elder sister and the mother of the informant. It is also alleged that when the informant was in the way to school, the petitioners uttered filthy remarks and molested her.

Patna High Court CR. MISC. No.9155 of 2025(8) dt.16-09-2025 2/3

4. Learned counsel for the petitioners has submitted that petitioners are innocent and have falsely been implicated. Both the petitioners are own brothers and the informant is cousin of the petitioners. He submits that father of the informant is engaged in manufacturing and selling of illicit liquor and in course thereof, some chaos has taken place and the petitioners have been made accused.

5. On the otherhand, learned counsel appearing for the informant has submitted that the petitioner No. 1 himself is engaged in manufacturing and selling of illicit liquor and he has criminal antecedent. He was in custody in another case and soon after release from that case, he committed this occurrence.

6. Considering the aforesaid facts and circumstances, let the petitioner No. 2 named above, in the event of arrest/surrender within four weeks before the court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VII-cum-Exclusive Spl. Court (POCSO) Rohtas, Sasaram in connection with Akhorigola P.S. Case No. 238 of 2024 subject to the conditions as laid down u/S 438(2) of the Cr.P.C.

7. So far as the petitioner No. 1 is concerned, his

Patna High Court CR. MISC. No.9155 of 2025(8) dt.16-09-2025 3/3 prayer for anticipatory bail is rejected.

8. However, if the petitioner No. 1 surrenders in the court below and seeks regular bail, the same shall be considered and disposed of on its own merit without being prejudiced by this order as early as possible.

9. The petitioner No. 2 is directed to present physically before the court below on each and every date till framing of the charges.

(Nawneet Kumar Pandey, J) A.K.V.//- U T