Sudhir Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35356 of 2025 Arising Out of PS. Case No.-164 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== SUDHIR MAHTO S/o- Late Prayag Mahto Resident of Village- Pratappur Police Station-Halsi and District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Halsi P.S. Case no.164 of 2023 registered for the offence punishable under sections 341, 323, 354, 379, 384, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the petitioner misbehaved with his wife and thereafter snatched a gold chain that she was wearing. It is further stated that the petitioner assaulted the informant with a khanti.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is no

Patna High Court CR. MISC. No.35356 of 2025(2) dt.04-06-2025 2/3 injury report of Virendra Mahto, whom the petitioner is said to have assaulted, on record. It is further submitted that a day before the instant FIR, an FIR was registered by the wife of the petitioner herein being Mahila P.S. Case no.54 of 2023 wherein the informant of the present case along with others were named as accused. It is in retaliation thereto that the instant false case has been registered against the petitioner. The petitioner has no criminal antecedent and undertakes to cooperate in the case.

5. The application for 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 petitioner in the FIR, the submissions made including lodging of the case by the wife of the petitioner herein a day before the instant FIR was registered together with the contents of the order of the learned Court below from which it transpires that investigation in the case has concluded and cognizance has been taken, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Halsi P.S. Case no.164 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.35356 of 2025(2) dt.04-06-2025 3/3 sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Lakhisarai.

(Partha Sarthy, J) Saurabh/- U T