Patna High CourtCR. MISC./23730/2025bail granted

Gandharva Mahto v. The State Of Bihar

2025-04-30Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23730 of 2025 Arising Out of PS. Case No.-243 Year-2024 Thana- DHAMDAHA District- Purnia ====================================================== 1.

Gandharva Mahto S/o- Manshu Mahto Resident of Bardela ward no 13 P.SDhamdaha, Dist- Purnea 2.

Anant Mahto S/o- Manshu Mahto Resident of Bardela ward no 13 P.SDhamdaha, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Dhamdaha P.S. Case No. 243 of 2024 registered for the offence under Section 191(2), 190, 126, 115(2), 117(2), 109 and 103 of the BNS.

3. As per the prosecution case, eight persons are said to have assaulted the deceased.

4. There is general and omnibus allegation against all the accused persons of assaulting the deceased and there is no specific allegation against any of the accused persons of assaulting the deceased.

Patna High Court CR. MISC. No.23730 of 2025(2) dt.30-04-2025 2/2

5. The petitioner no. 01 is in jail since 28.09.2024 and the petitioner no. 02 is in custody since 7.10.2024 and the post-mortem report also does not support the prosecution case.

7. Considering the aforesaid facts, this application is allowed.

8. Let the petitioners, above named, 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 the learned Judicial Magistrate, 1st Class, Purnea/concerned Court below in connection with Dhamdaha P.S. Case No. 243 of 2024.

9. As a condition of this order, the petitioners, after being released on bail are directed to co-operate in the trial either by appearing personally or through their lawyer in the trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioners.

(Sandeep Kumar, J) Vikas/- U