Babloo Mahto @ Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13237 of 2025 Arising Out of PS. Case No.-655 Year-2024 Thana- BASANTPUR District- Siwan ====================================================== 1.

Babloo Mahto @ Bablu Kumar S/O Late Bindeshwari Mahto Resident of Village- Molnapur, P.S.- Basantpur, District-Siwan. 2.

Dilip Mahto @ Dilip Prasad Son of Late Bindeshwari Mahto Resident of Village- Molnapur, P.S.- Basantpur, District-Siwan. 3.

Manu Mahto @ Bhanu Kumar Son of Late Bindeshwari Mahto Resident of Village- Molnapur, P.S.- Basantpur, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Basantpur P.S. Case No. 655 of 2024, lodged on 20.10.2024, under Sections 126(2)/115(2)/118(1) /117(2) / 352/351(2) and 3(5) of B.N.S. Act.

3. As per the prosecution, the FIR has been lodged against four named accused persons including the present

Patna High Court CR. MISC. No.13237 of 2025(2) dt.28-03-2025 2/2 petitioners. Allegation against the petitioners is of assault on the informant's husband.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that antecedent of the petitioners is clean and they are ready to fulfill all the conditions whatsoever shall be imposed upon them.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that petitioners were doing the business of liquor and on protest they had beaten the informant's husband with lathi and danda.

6. Considering the fact that there are direct allegation of assault against the petitioners, hence, anticipatory bail application of petitioners is hereby rejected. However, in the event of surrender of the petitioners within four weeks from today, the prayer for regular bail shall be considered without being prejudiced by the order of this Court.

(Dr. Anshuman, J) Mkr./- U