Mukesh Mahto @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32538 of 2025 Arising Out of PS. Case No.-131 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== Mukesh Mahto @ Mukesh Kumar S/o- Ramudgar Mahto Resident of Tandi P.s- Bhagwanpur, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar For the Opposite Party/s :
Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-06-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Bhagwanpur Police Station Case No. 131 of 2019, dated 20.07.2019, disclosing offences under Sections 147/148/149/341/323/307/379/506 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 19.07.2019 at about 10:30 PM, while informant was at his home, in the meantime, all the accused persons armed with various weapons came there and surrounded him and his family members and started assaulting them and asked them to compromise the cases lodged previously. Upon refusal, co-accused person namely
Patna High Court CR. MISC. No.32538 of 2025(3) dt.10-06-2025 2/3 Praveen @ Parvind Mahto took three months old niece of informant and threw her on the ground with an intention to kill her. It is further alleged that when protested, the petitioner along with other co-accused and 10 other unknown persons assaulted informant sides with iron rod, lathi and butt of rifle and also took Rs. 50,000/- and gold chain and threatened with dire consequences.
4. Learned counsel for the petitioner submits that the petitioner is co-villager and has falsely been implicated in the present case due to previous dispute and village politics. The allegation alleged against the petitioner is general and omnibus in nature. Referring to the injury report annexed at Annexure-2 and 3 to the supplementary affidavit, learned counsel submits that the informant has sustained simple injury caused by hard and blunt substance and regarding informant's brother no opinion could be provided as he was referred to Sadar Hospital but nothing has been produced on his behalf. He further submits that the similarly situated co-accused Hari Chandra Sahni @ Haris Chandra Sahni has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 9709 of 2025.
Patna High Court CR. MISC. No.32538 of 2025(3) dt.10-06-2025 3/3
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is a co-villager and allegation against him is general and omnibus in nature, injury sustained by the informant is simple in nature caused by hard and blunt substance and similarly situated co-accused person has been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge II, Begusarai, in connection with Bhagwanpur Police Station Case No. 131 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T