Sahindra Kumar @ Sahindra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31685 of 2025 Arising Out of PS. Case No.-434 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Sahindra Kumar @ Sahindra Mahto S/o Chandeshwar Mahto R/o vill - Baburaban, P.S.- Rajepur (Sahebganj), Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Ms.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Sahebganj P.S. Case No. (Rajepur O.P.) 434/2024 corresponding to S.Tr. No. 110/2025 registered for the offences under Sections 126(2), 115(2), 118(1), 117(2), 109, 76, 303(2), 352, 329(3), 3(5) of B.N.S.
3. As per the prosecution case, while the informant was taking meal the named accused persons including the petitioner came there and assaulted the informant's family. It is stated that the petitioner assaulted one Bandhu Mahto by sword on his head while one Meghu Kumar also assaulted by sword on the head of Bandhu Mahto and
2/4 thereafter, they fled away and also took the gold mangalsutra.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to personal dispute between their families. Learned counsel further submits that allegation of snatching mangalsutra and assaulting Bandhu Mahto is also frivolous which can be ascertained from the injury report wherein it is stated that the injury sustained are simple in nature caused by hard and blunt substance. It is lastly submitted that the petitioner has one criminal antecedent in which he is on bail and is languishing in custody since 23.10.2024.
5. Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that there is specific allegation upon the petitioner to have assaulted Bandhu Mahto by sword on his head.
6.
Considering the aforesaid facts and circumstances of the case and taking into account that the injury sustained are simple in nature caused by hard and blunt substance and further considering the period of custody of the petitioner, let the petitioner above-named be
3/4 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-17, Muzaffarpur in connection with Sahebganj P.S. Case No. (Rajepur O.P.) 434/2024 corresponding to S.Tr. No. 110/2025 subject to the conditions:- a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the Court concerned.
d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) tusharika/- U T