Madan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33432 of 2025 Arising Out of PS. Case No.-90 Year-2018 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

Madan Mahto S/O Ramsagar Mahto Resident of Village- Korbaddha Tabka, PS- Bibhutipur, District- Samastipur 2.

Manoju Kumar @ Manoj Kumar @ Manoj Mahto S/O Madan Mahto Resident of Village- Korbaddha Tabka, PS- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar For the Opposite Party/s :

Mr. Ajay Kumar Jha- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-08-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 323, 341, 354, 504 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the offences for which the instant FIR has been instituted carries punishment of seven years and less, as such, the petitioners were given notice under Section 41(A) of the Cr.P.C., but then, police after investigation submitted charge-sheet based on which, cognizance came to be taken, as such, petitioners apprehend arrest. It is next submitted that the petitioners fully cooperated

Patna High Court CR. MISC. No.33432 of 2025(4) dt.19-08-2025 2/2 in the investigation and the police never felt the need of arresting the petitioners, as such, no useful purpose would be served by sending the petitioners to jail based on an order of cognizance when police during the course of investigation never made any endeavour to arrest them.

4. Learned A.P.P. opposes the anticipatory bail application.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Rosera, Samastipur in connection with Bibhutipur P. S. Case No.90 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T