Jitendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35030 of 2025 Arising Out of PS. Case No.-90 Year-2024 Thana- MANJHAUL District- Begusarai ====================================================== 1.
Jitendra Mahto S/o- Fekan Mahto Resident of village-Manjhaui Nityanand Chowk, Panchayat No- 03, Ward No 06, PS- Manjhaul, District- Begusarai 2.
Madhu Devi W/o- Jitendra Mahto Resident of village-Manjhaui Nityanand Chowk, Panchayat No- 03, Ward No 06, PS- Manjhaul, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Alam, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2025
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Manjhaul P.S. Case no.90 of 2024 registered under sections 126(2), 115(2), 109(1), 74, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that over a land dispute, his brother (petitioner no.1 herein) along with his wife (petitioner no.2 herein) and others came armed with an iron rod and assaulted him on his head causing injuries. His wife who came to rescue was also assaulted. On the
Patna High Court CR. MISC. No.35030 of 2025(2) dt.04-06-2025 2/3 intervention of others, the accused persons escaped giving threats.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case over land dispute between brothers and the same would be evident from the contents of the F.I.R. itself. Further referring to the order of the learned trial Court it is submitted that the injuries have been found to be simple in nature. The petitioners who have no criminal antecedent undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioners in the F.I.R., the relationship between the parties together with the injuries having been found to be simple in nature and the petitioners not having any criminal antecedent, it is directed that both the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Manjhaul P.S. Case no.90 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.35030 of 2025(2) dt.04-06-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai.
(Partha Sarthy, J) avinash/- U T