Raja Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16731 of 2025 Arising Out of PS. Case No.-130 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== Raja Mahto S/O Late Jiwachh Mahto Resident of village- Hati, PS- Biraul, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Biraul P.S. Case No. 130/2024 dated 27.03.2024 registered for the offences punishable under sections 147, 148, 149, 120B, 186, 188, 341, 342, 323, 324, 325, 332, 333, 353, 307, 337, 354B, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the informant got information that a motorcycle was coming rashly and negligently from K. Asthan side and dashed with tempo. On the same time, a police van was coming from opposite side due to which one person came under the van and died on the spot. The
Patna High Court CR. MISC. No.16731 of 2025(2) dt.06-05-2025 2/3 petitioner and the co-accused persons are alleged to have instigate the 100-200 persons to enter the police station premises with intent to commit untoward incident and about 50 people entered the police station premises and threw the chairs and government documents outside the police station and some people were holding inflammable substance in their hands and sound was coming from the crowd to burn the police station. The petitioner and co-accused persons were identified through video footage with the help of Mahal Chowkidar.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus in nature. The petitioner is member of the mob. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted bail by this court vide order dated 30.04.2025 passed in Cr. Misc. No. 20620/2025. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Patna High Court CR. MISC. No.16731 of 2025(2) dt.06-05-2025 3/3
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Biraul P.S. Case No. 130/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T