Singheswar Mahto @ Sidheshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19241 of 2025 Arising Out of PS. Case No.-501 Year-2018 Thana- JAMUI District- Jamui ====================================================== Singheswar Mahto @ Sidheshwar Mahto Son of Late Raghu Nandan Mahto Resident of village-Amrath, PS-Jamui Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-04-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is aged about 75 years and the informant alleges that on 17.09.2018, on two motorcycles, five accused persons including the petitioner came and on orders of Prakash and Pappu, they stated assaulting the informant and his brother with slap and fist, thereafter, three unknown accused also came whom the informant can identify and they also assaulted by slap and fist, further Dinesh fired at

Patna High Court CR. MISC. No.19241 of 2025(2) dt.23-04-2025 2/3 his brother who died, on alarm villagers came when accused persons fled away.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that no specific allegation of assault is alleged against the petitioner, rather specific allegation of firing is against Dinesh. It is also submitted that police after threadbare investigation came to a considered conclusion that petitioner is innocent and thus submitted Final Form No. 271 of 2022 dated 30.06.2022 exonerating the petitioner of the allegation, but then the learned Trial Court differing with the police report took cognizance as such petitioner apprehends arrest.

It is next submitted that when one Investigating Agency, after a threadbare investigation came to a considered conclusion, that petitioner is innocent whether it would be prudent for the Court to send the petitioner to jail based on an order of cognizance which came to be taken based on the same investigation which exonerated the petitioner of the allegation.

Patna High Court CR. MISC. No.19241 of 2025(2) dt.23-04-2025 3/3 has been made an accused with general and omnibus allegation.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jamui P.S. Case No. 501 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T