Ashok Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23030 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- LAKHNAUR District- Madhubani ====================================================== 1.

Ashok Kumar Mahto S/o Ram Prasad Mahto 2.

Vishnudev Mahto S/o Late Shivlal Mahto Both resident of Village- Gangapur, Ward No 8, PS- Lakhnaur, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-05-2025 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.

2. Petitioners seek pre-arrest bail in connection with Lakhnaur P.S.Case No.147 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 109, 76 and 3(5) of BNS.

3. As per the allegation made in the FIR, the petitioners along with the other co-accused persons with a common intention to kill the informant assaulted and when the wife of the informant came to save him, she was also assaulted by petitioner no.1 (Ashok Kumar Mahto) and all the accused persons thereafter outraged the modesty of the wife of the

Patna High Court CR. MISC. No.23030 of 2025(2) dt.01-05-2025 2/3 informant.

4. Learned counsel appearing on behalf of the petitioners submitted that both the parties are agnates and there is land dispute between the parties.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Having considered the rival submissions made on behalf of the parties, as well as, the allegation made in the FIR, I find that the injuries caused by the petitioner no.1 (Ashok Kumar Mahto) is on the head of the informant. I am not inclined to enlarge the petitioner no.1 on pre-arrest the petitioner.

7. So far as petitioner no.2 (Vishnudev Mahto) is concerned, he is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM (Jhanjharpur), Madhubani/concerned court, in connection with Lakhnaur P.S.Case No.147 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023

8. The learned district court is directed to verify the criminal antecedent of the petitioner no.2 and if it is found that

Patna High Court CR. MISC. No.23030 of 2025(2) dt.01-05-2025 3/3 the petitioner no.2 is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

9. The present bail application stands disposed of. (Purnendu Singh, J) chn/- U T