Suresh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12344 of 2025 Arising Out of PS. Case No.-38 Year-2024 Thana- Jai Bajrang District- East Champaran ====================================================== 1.

Suresh Mahto Son of Ramnath Mahto Resident of Village- Deva Jeet, Parsauni, P.S.- Jai Bajrang, District- East Champaran at Motihari 2.

Chanda Devi Wife of Suresh Mahto Resident of Village- Deva Jeet, Parsauni, P.S.- Jai Bajrang, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2), 115, 118(1), 109, 352, 351(2) and 3(5) of the Bhartiya Nyay Sanhita

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.2 is a woman and is wife of petitioner no.1 and the informant alleges that on 08.09.2024 at 9.00 A.M., the dog of the accused persons including the petitioners attacked his parents., on objection, it is alleged that all the accused assaulted his mother

Patna High Court CR. MISC. No.12344 of 2025(2) dt.28-03-2025 2/3 and father with farsa causing injury.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against the petitioners. It is also submitted that all sections are bailable except Section 109 of the B.N.S., which in the nature of allegation is not made out for the reason that no external injury was found on father and mother of the informant as would manifest from the injury report annexed as Annexure2.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ms. Archana Kumari, the learned Judicial Magistrate, 1st Class, East Champaran at Motihari in connection with Jai Bajrang P. S. Case No.38 of

Patna High Court CR. MISC. No.12344 of 2025(2) dt.28-03-2025 3/3 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T