Pramod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39926 of 2025 Arising Out of PS. Case No.-206 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== 1.

Pramod Mahto, Male, aged about 48 years, Son of Late Ramdas Mahto. 2.

Kanchan Devi, Female, aged about 45 years, Wife of Pramod Mahto. Both are resident of Mohalla- Gur Ki Mandi, Arfabad Colony, Near Devi Asthan, P.S.- Alamganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Alamganj P.S. Case No. 206 of 2025 instituted for the offences punishable under Sections 115(2), 109, 75, 118, 303(2) and 3(5) of the Bhartiya Nyay Sanhita.

3. As per the prosecution case, all the accused persons including the petitioners assaulted Shivam Kumar on his head causing head injury.

4. Learned counsel for the petitioners submits that petitioners are innocent have committed no offence and have falsely been implicated in this case due to previous enmity and

Patna High Court CR. MISC. No.39926 of 2025(2) dt.25-06-2025 2/3 dirty village politics. He further submits that the whole prosecution story is false, fabricated and concocted. He next submits that both the parties are gotiyas and close neighbor to each other and due to dispute of drainage, this false case has been lodged. He lastly submits that the allegations in the FIR appears to be general and omnibus in nature. Petitioners have got clean antecedent as stated in para 3 of the petition.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Additional Sessions Judge-V, Patna City dated 30.04.2025, it appears that on the basis of written report of the informant Rinku Devi, FIR has been lodged under Sections 115(2), 109, 75, 118, 303(2) and 3(5) of the Bhartiya Nyay Sanhita against four accused persons including the present petitioners. Allegation against petitioner no. 1 namely, Pramod Mahto with ill motive, caught the wrong portion of the informant and petitioner no. 2 namely Kanchan Devi, bite on the hand of the informant. Petitioners have got clean antecedent as stated in para 3 of the petition, so considering all these aspects of the case, let the petitioners above named in the event of their arrest or surrender before the Court below within six weeks from today, be released on anticipatory bail upon furnishing bail

Patna High Court CR. MISC. No.39926 of 2025(2) dt.25-06-2025 3/3 bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Patna City in connection with Alamganj P.S. Case No. 206 of 2025 subject to the conditions laid down in Section 482 (2) of the B.N.S.S.

(Ramesh Chand Malviya, J) Anand Kr.

U T