Bhola Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44677 of 2025 Arising Out of PS. Case No.-906 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.
Bhola Mahaldar S/o Prameshwar Mahaldar R/o Vill- Vikarampatti, P.S.- Maranga, Distt- Purnea 2.
Bikaram Mahaldar S/o Bhola Mahaldar R/o Vill- Vikarampatti, P.S.- Maranga, Distt- Purnea 3.
Murari Kumar Mahaldar @ Murari Mahaldar S/o Dularachandra Mahaldar R/o Vill- Vikarampatti, P.S.- Maranga, Distt- Purnea 4.
Shatrughan Mahaldar @ Shatrughan Kumar S/o Late Dinesh Mahaldar R/o Vill- Vikarampatti, P.S.- Maranga, Distt- Purnea ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Md. Helal Ahmad, Advocate For the State :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with K. Hat Maranga PS. Case No-906 of 2023 Dated-31.07.2023, registered for the offences punishable under Sections 147, 148, 341, 323, 307, 324, 379, 504, 506 of the Indian Penal Code.
3. As per allegation, the assault was made by sharp edged farsa and gadasa.
4. Learned counsel for the petitioners submit that the
Patna High Court CR. MISC. No.44677 of 2025(2) dt.16-07-2025 2/3 Petitioners are innocent and have falsely been implicated in this case. He further submits that, as a matter of fact, on account of land dispute, alteration took place between the two sides leading to injury on both sides and filing of case and counter case. The counter case filed by the petitioner bears K. Hat Maranga P.S. Case No.907 of 2023. He also submits that as per the injury report, the alleged injury is simple in nature caused by hard and blunt substance, not matching with the allegation.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
7. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with K. Hat Maranga PS. Case No-906 of 2023, subject to the
Patna High Court CR. MISC. No.44677 of 2025(2) dt.16-07-2025 3/3 conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) Chandan/- U T