Baleshwar Mahato @ Baleshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19201 of 2025 Arising Out of PS. Case No.-129 Year-2024 Thana- KRISHNAGARH District- Bhojpur ====================================================== Baleshwar Mahato @ Baleshwar Singh S/O Late Bhrigunath Mahato @ Late Bhrigunath Singh Resident of Village- Jhokhipur, P.S.- Krishnagarh, DistrictBhojpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Alok Kumar Alok, Advocate For the Opposite Party :

Mr.Anand Kishore Choudhary, A.P.P.

Mr. R.Shah, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-04-2025 Heard learned counsel for the parties.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 126(2), 115(2), 352, 109, 303(2) and 3(5) of the Indian Penal Code.

3. As per the prosecution case, on 27.11.2024 at 06:30 PM when informant was returning home from her agriculture land, in the meantime petitioner and other accused persons came and abused her for harvesting paddy. It is alleged that when the informant objected, all the accused assaulted her husband Akhilesh Kumar Singh by Lathi at his head, as a result of which he fell unconscious. It is also alleged that in the meantime accused Baijanti Devi and Pawan Kumar came and assaulted by Lathi, Danda. It is further alleged that when her devar, son, daughter, nephew and niece came to save them, they were also assaulted by the accused persons. It is alleged that accused Anita Devi and Gayatri Devi snatched Rs. 5,000/- from the pocket of informant's husband.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.19201 of 2025(2) dt.19-04-2025 2/2 implicated in this case. parties are co-villagers and due to petty dispute marpit took place between them. There is case and counter case. Allegation of assault is general and omnibus against this petitioner and no specific overt act has been alleged against him. Petitioner claims clean antecedent.

5. Learned counsel for the State as well as the informant oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Bhojpur at Ara in Krishnagarh Police Station Case No. 129 of 2024, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Shashi U T