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Patna High CourtCR. MISC./10010/2025partly allowed disposal

Birendra Mahato v. The State Of Bihar

2025-03-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10010 of 2025 Arising Out of PS. Case No.-286 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Birendra Mahato Son of Late Babu Lal Mahato.

2.

Sikindra Mahto Son of Late Babu Lal Mahato.

3.

Jitendra Mahato Son of Late Babu Lal Mahato.

4.

Sublal Mahato Son of Late Biram Mahato.

5.

Mukesh Mahato Son of Sublal Mahato.

6.

Dinesh Mahato Son of Sublal Mahato.

All are resident of Village- Babuawan, P.S.- Kalyanpur, District- East Champaran ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Abhishek Kumar, Advocate For the Opposite Party :

Mr .Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-03-2025 Heard learned counsel for the parties.

2.

This application for anticipatory bail arises out of Kalyanpur P.S. Case No.286 of 2024 registered for the offence punishable under sections 127(1), 115(2), 76, 109, 303(2), 352, 3(5) of the Bhartiya Nyay Sanhita, 2023. 3.

The petitioners are said to have assaulted the informant side.

4.

There is specific allegation against the petitioner nos. 1, 2 and 4 to have assaulted the informant side with Garansi etc. So far as petitioner nos.3, 5 and 6 are

Patna High Court CR. MISC. No.10010 of 2025(2) dt.28-03-2025 2/2 concerned, there is no specific allegation against them to have assaulted anyone with any weapon.

5.

Considering the aforesaid facts, let the petitioner nos.3, 5 and 6, above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 4th, East Champaran, Motihari / concerned Court below, in connection with Kalyanpur P.S. Case No.286 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure Code.

6.

So far as the bail of petitioner nos. 1, 2 and 4 is concerned, the same is dismissed as there is specific allegation against them to have assaulted the informant side with Garansi.

(Sandeep Kumar, J) pawan/- U T