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Patna High CourtCR. MISC./15857/2025bail granted

Ashok Mahto @ Ashok Kumar @ Mahendra Mahto v. The State Of Bihar

2025-04-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15857 of 2025 Arising Out of PS. Case No.-389 Year-2024 Thana- BALIYA District- Begusarai ====================================================== 1.

Ashok Mahto @ Ashok Kumar @ Mahendra Mahto Son of Shivjee Mahto Resident of Village - Hematpur Mirjapur, Ward No.-1, Tola - Parmanandpur, P.S. - Baliya, District - Begusarai 2.

Sunil Kumar @ Pandaw Mahto Son of Shivjee Mahto Resident of Village - Hematpur Mirjapur, Ward No.-1, Tola - Parmanandpur, P.S. - Baliya, District - Begusarai ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 25(1-b)/ 27 of the Arms Act.

3. It is alleged that on 17.11.2024 at around 4 pm, FIR named accused persons and four unknown persons allegedly cultivating the land of informant situated at Mauza Makaspur. When grandson and nephew of informant protested, all the accused persons started indiscriminate firing.

4. It is submitted on behalf of the petitioners that the allegations levelled against these petitioners are false and concocted. Parties are gotia and there is land dispute between them. F.I.R. has been lodged after inordinate delay of 27 days without any explanation which renders the entire prosecution case doubtful. No one sustained any fire arms injury. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.15857 of 2025(2) dt.08-04-2025 2/2 for bail.

6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged 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 Chief Judicial Magistrate, Begusarai in Baliya Police Station Case No. 389 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T