Ashok Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19905 of 2025 Arising Out of PS. Case No.-407 Year-2024 Thana- BIKRAM District- Patna ====================================================== Ashok Mahto Son of Late Kameshwar Mahto Village -Milki PS- Bikram District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Swetabh, Advocate For the State :

Mr.Anil Kumar, APP For the Informant :

Mr.Adarsh Gaurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Bikram Police Station Case No.407 of 2024 registered for the offences under Sections 103(1) and 3(5) of the B.N.S.

3. As per the prosecution case, petitioner and other coaccused persons assaulted the father of the informant when he opposed the act of the petitioner in taking away chaff from the doors of the informant. The assailants gave a chase and further assaulted the father of the informant when he tried to flee away. The assailants fled away on seeing the informant and others approaching the place. Father of the informant succumbed to his injuries while being taken to PMCH, Patna.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been

Patna High Court CR. MISC. No.19905 of 2025(3) dt.23-07-2025 2/2 falsely implicated in this case. There is no independent witness to the occurrence and there is no specific allegation of assault against the petitioner. There is general and omnibus allegation against all the co-accused persons they attacked the father of the informant. The petitioner is having no criminal antecedent and he is in custody since 26.10.2024. Charge-sheet has been submitted.

5. Learned A.P.P. as well as learned counsel for the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that similarly situated co-accused Baban Mahto has been denied bail by a Co-ordinate Bench of this Court vide dated 13.05.2025 passed in Cr. Misc. No.14262 of 2025.

6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the gravity of offense and nature of allegation against the petitioner, which is quiet serious, I am not inclined to grant bail to the petitioner. Hence, his prayer for bail is rejected. (Arun Kumar Jha, J) Saurav/- U T