Rupesh Mahto @ Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13911 of 2025 Arising Out of PS. Case No.-558 Year-2024 Thana- GARKHA District- Saran ====================================================== 1.
Rupesh Mahto @ Rupesh Kumar S/o- Bhisham Mahto R/o Village - Fatanpur PS - Garkha Dist- Saran 2.
Manjit Mahto @ Manjit Kumar S/o- Bhisham Mahto R/o Village - Fatanpur PS - Garkha Dist. - Saran 3.
Manish Mahto S/o- Bhisham Mahto R/o Village - Fatanpur PS - Garkha Dist. - Saran ... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109(1) and 352 of the BNS.
3. Learned counsel for the petitioners submits that petitioners no. 1 and 3 are persons with clean antecedent and petitioner no. 2 has antecedent of one case. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that the accused persons assaulted by gandasa, dab, rod, bricks and stones causing injury on the head of the informant and also assaulted his mother by gandasa and dab but then the allegation of assault is not specific rather is
Patna High Court CR. MISC. No.13911 of 2025(3) dt.13-05-2025 2/2 general and omnibus in nature. It is next submitted that even the injury suffered by the injured is simple in nature. It is also submitted that on account of dispute relating to passage an altercation had taken place in which both sides assaulted each other.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners but then after perusing the case diary fairly submits that the injuries are simple in nature.
5. Considering the submissions made by the learned counsel for the petitioners and also taking into consideration the fact that the allegation of assault is not specific and the injuries are simple in nature, let the petitioners above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Garkha P.S. Case No. 558 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS. (Satyavrat Verma, J) Kundan/- U T