Kedar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43954 of 2025 Arising Out of PS. Case No.-379 Year-2024 Thana- MANJHI District- Saran ====================================================== Kedar Mahto S/o Late Jiut Mahto Resident of Kala Gurdaha, P.S.- Manjhi, District- Saran at Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashraj Bardhan For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This application is for grant of regular bail in connection with Manjhi P.S. Case No.379 of 2024, registered for the offences under Sections 115(2), 126(2), 109, 103(1), 352 and 3(5) of the Bhartiya Nyaya Sanhita.

3. The petitioner and others are said to have assaulted the victim and the victim died after nine days of the occurrence.

4. The petitioner is in custody since 05.04.2025 and he claims clean antecedent.

5. From the impugned order, it appears that the injuries which were found on the body of the deceased were caused by hard and blunt substance. It has been submitted by the

Patna High Court CR. MISC. No.43954 of 2025(2) dt.16-07-2025 2/2 learned counsel for the petitioner that no offence under Section 109 of the BNS is made out as mens rea is absent in the present case.

6. Considering the facts and circumstances of the case, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Saran at Chapra/concerned Court below, in connection with Manjhi P.S. Case No.379 of 2024.

(Sandeep Kumar, J) shikha/- U T