Patna High CourtCR. MISC./42908/2025bail granted

Ajay Mahto v. The State Of Bihar

2025-07-03Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42908 of 2025 Arising Out of PS. Case No.-357 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Ajay Mahto S/o Mahesh Mahto R/o Village- Rampatti, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Yogendra Kumar For the Informant :

Mr. Gagan deo Yadav Mr. Ravi Prakash Mr. Vinod Kumar Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rajnagar P.S. Case No. 357/2024 dated 10.09.2024 registered for the offence punishable u/s 126(2), 115, 117, 109, 352, 303(2), 351(2) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, on 09.09.2024, due to land dispute, the petitioner and the co-accused persons came holding lathi-danda and iron rod and started assaulting the informant. Thereafter, the co-accused persons along with 3-4 unknown miscreants dragged the informant by holding his hair

Patna High Court CR. MISC. No.42908 of 2025(2) dt.03-07-2025 2/3 and assaulted him. In the meantime, the co-accused, Mithlesh Mahto snatched gold chain from the informant and the coaccused, Kamaldev Mahto snatched Rs. 5,000/- from him. Thereafter, the petitioner assaulted the informant on the head with tangi, causing head injury.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on account of land dispute. There is a case and counter case between the parties. Nothing has been recovered from the conscious possession of the petitioner. As per the Injury Report, the injury is simple in nature caused by hard and blunt substance. The petitioner has eleven antecedents and in all the cases the petitioner is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 25.03.2025

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.42908 of 2025(2) dt.03-07-2025 3/3 concerned, Madhubani in connection with Rajnagar P.S. Case No. 357/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U