Maheshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12846 of 2025 Arising Out of PS. Case No.-157 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== Maheshwar Mahto Son of Sattu Mahto @ Satahu Mahto Resident of VillageHayaghat, P.S.- Hayaghat, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2025

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

2. The petitioner apprehends his arrest in connection with Hayaghat P.S. Case No.157/2024, registered for the offences punishable under Sections 126(2), 115(2), 110, 74, 352, 351(2) and 3(5) of the B.N.S. Act.

3. The learned counsel submits that the offences for which the instant F.I.R. has been instituted against the petitioner carries a punishment of less than 7 years, as such, the petitioner was given the benefit of Section 35 (3) of the B.N.S.S. It is further submitted that during the course of investigation the petitioner co-operated with the police and the police never felt the need of arresting the petitioner during the course of investigation and after investigation charge sheet has been

Patna High Court CR. MISC. No.12846 of 2025(2) dt.02-04-2025 2/2 submitted. It is next submitted that since charge sheet has been submitted and the police never felt the need of arresting the petitioner as such no useful purpose would be served by sending the petitioner to jail.

4. The learned APP opposes the anticipatory bail application of the petitioner.

5. The learned APP, thus submits that petitioner be directed to file a representation before the authority concerned in terms of Section 35 of the B.N.S.S.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hayaghat P.s. Case No.157/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T