Indal Mahto @ Indul Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20907 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- Mufassil District- Khagaria ====================================================== Indal Mahto @ Indul Mahto S/O Ram Das Mahto R/O- Village- Chandi, Mahto Tola, Tikarampur, P.S.- Muffasil, District- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar Singh For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-09-2025 Heard the learned counsel for the parties.
2. The petitioner apprehends his arrest for the offences alleged under Sections 191(2), 191(3), 190, 127(2), 115(2), 109, 352, 351 (2) & (3), 3 (5) of the BNS and Section 27 of the Arms Act with Sections 130(1) and 61(2) of the BNS being subsequently added, registered in connection with Muffasil P.S.Case No. 126 of 2024.
3. The informant, Anita Devi says in her fardbayan that on 28.09.2024, the accused persons, named in the FIR, surrounded her Devar Jatadhari Mahto and opened indiscriminate fire. Her Devar died in course of treatment.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.20907 of 2025(3) dt.24-09-2025 2/3 implicated. The investigating authorities submitted charge-sheet against co-accused Bindul Mahto keeping the investigation pending against other co-accused persons, including the petitioner. Bindul Mahto was put on trial and was acquitted by the learned trial court, vide judgment and order dated 12.09.2025 in S.T.No. 268 of 2025.
5. The xerox copies of the depositions of the witnesses have been annexed with the record which shows that all five PWs including the informant, did not support the prosecution case and they became hostile.
6. Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Khagaria in connection with Muffasil P.S.Case No. 126 of 2024, subject to the conditions as laid down under Section 438(2) CrPC/482(2) of the BNSS, 2023 with fuhrer condition that petitioner shall cooperate in the disposal of trial and make himself available on each and every date fixed by the court below, and if he fails to appear on two consecutive dates,
Patna High Court CR. MISC. No.20907 of 2025(3) dt.24-09-2025 3/3 unless he is prevented by extremely adverse circumstances, the court below shall be at liberty to cancel his bail bond. (Nawneet Kumar Pandey, J) HR/- U T