Lalu Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10626 of 2026 Arising Out of PS. Case No.-374 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Lalu Mahato S/o Late Shivjanam Mahto @ Shivjanm Mahato Resident of Village - Babura, P.S.- Badhara, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2026 Heard Mr. Dharmesh Kumar Shrivastava learned counsel appearing on behalf of the petitioner and Mr. Surendra Prasad Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Barhara P.S. Case No. 374 of 2023 registered for the offence(s) punishable under Sections 341,323,307,504,506, of the IPC.

3. As per the allegation made in the FIR, the petitioner with an intention to kill had assaulted the informant and her grandson, causing injuries.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. The medical report with regard to injury sustained by the injured is not on record.

Patna High Court CR. MISC. No.10626 of 2026(2) dt.12-03-2026 2/2 Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR, the learned District Court is directed to call for the final opinion of the doctor in respect of the injury sustained by the informant and her grandson and if it is found that the same is simple in nature, then in that case, the petitioner, above named, is directed to be released on pre-arrest bail, in connection with Barhara P.S. Case No. 374 of 2023 on such terms and conditions as the learned District Court deems it fit and proper.

7. In case, the injury sustained by injured is grievous in nature, then in that case, the petitioner is directed to surrender and seek regular bail before the learned district court.

8. The present petition stands disposed of.

(Purnendu Singh, J) Sanjay/- U T