Randhir Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17466 of 2025 Arising Out of PS. Case No.-162 Year-2024 Thana- BARURAJ District- Muzaffarpur ====================================================== 1.

Randhir Mahto S/o Late Ramashray Mahto Resident Of Village- Baruraj, Tola- Mehmdo Nagar Bankat Noniya Tola, Ps- Baruraj, Dist.- Muzaffarpur 2.

Harendra Mahto S/o Late Ramashray Mahto Resident Of Village- Baruraj, Tola- Mehmdo Nagar Bankat Noniya Tola, Ps- Baruraj, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manindra Kishore Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2026 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 offence punishable under sections 103 (1) r/ w and 3 (5) of the BNS, 2023.

3. The informant alleges that she along with other family members were assaulted by all the F.I.R. named accused persons including these petitioners, causing death of her husband.

4. Learned counsel for the petitioners submits that from perusal of F.I.R., it is apparent that there is no specific allegation against these petitioners. F.I.R. does not disclose as to

Patna High Court CR. MISC. No.17466 of 2025(4) dt.16-01-2026 2/3 how and in what manner, the alleged occurrence was committed. As a matter of fact, the husband of informant died a natural death, as he fell down from stairs. Post-mortem report does not corroborate the prosecution case, as in the post mortem report, only one injury has been found on the person of deceased, that too on his upper lip, but taking advantage of the situation, this false and concocted case has been lodged against petitioners and others. Similarly situated co-accused persons have already been granted anticipatory bail by this Court, vide order date 17.04.2025 passed in Cr.Misc. No. 19696 of 2025. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6 Considering the aforesaid facts and circumstances as well as clean antecedent of petitioners, in the event of arrest or surrender within eight weeks from today, let the petitioners, as named 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 the learned Judicial Magistrate 1st Class (West ) Muzaffarpur in connection with Baruraj P.S. Case No. 162 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik

Patna High Court CR. MISC. No.17466 of 2025(4) dt.16-01-2026 3/3 Suraksha Sanhita ( BNSS), 2023.

(Prabhat Kumar Singh, J) anay U T