Mahavir Kumar @ Mahavir Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41096 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- NATHNAGAR District- Bhagalpur ====================================================== Mahavir Kumar @ Mahavir Kumar Mahto S/o Paltu Mahto R/o VillageDildarpur Bindtoli, P.S.- Nathnagar, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.K. Pandey, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nathnagar P.S. Case No. 83 of 2025 instituted for the offences under Sections 191(2), 190, 126(2), 115(2), 109, 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that, on the alleged date and time, co-accused Paltu Mahto started abusing and assaulting the informant with lathi-danda during a jagaran gathering. When the informant's nephew and father came to rescue, the accused persons also assaulted them.

Patna High Court CR. MISC. No.41096 of 2025(3) dt.14-07-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The only specific allegation of assault is attributed to coaccused Paltu Mahto. Learned counsel further submitted that co-accused Jitendra Mahto @ Jitu has already been enlarged on bail by the learned court below itself. The injury sustained by the injured persons are simple in nature. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.03.2025 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no specific allegation of assault against this petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nathnagar P.S.

Patna High Court CR. MISC. No.41096 of 2025(3) dt.14-07-2025 3/3 Case No. 83 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T