Jayprakash Mahto @ Jay Prakash Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43794 of 2025 Arising Out of PS. Case No.-221 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Jayprakash Mahto @ Jay Prakash Mahto, Son of Late Jalandhar Mahto Resident of Village -Bara Nautan, Ward No 10 - P.S.- Marhaurah Distt -Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Radha Mohan Singh, Adv.
Mr. Raghwendra Pratap Singh, Adv.
For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-07-2025
1. Heard Mr. Raghwendra Pratap Singh, learned counsel for the petitioner and Mr. Jagdhar Prasad, learned APP for the State.
2. The petitioner seeks regular bail in connection with Marhaura P. S. Case No. 221 of 2025, dated 08.04.2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 352, 351(2), 303(2) and 3(5) of the B.N.S.
3. The main submissions advanced by the petitioner's counsel are that both the parties are agnates, the FIR has been registered against eleven persons including the petitioner, as per the allegation, the informant, his wife and his two sons were assaulted by the accused including the petitioner by means of Dab, sword and garasa but the said allegation is completely
Patna High Court CR. MISC. No.43794 of 2025(3) dt.21-07-2025 2/3 false as the injury report of the informant's son Rajnish Mahto is only available and in this regard, the learned trial court's order may be perused in which only the injury report of the said Rajnish Mahto is discussed. It is further submitted that the said injured Rajnish Mahto sustained only one lacerated wound on his left frontal region on skull, though the same has been opined to be grievous in nature but it has not been specifically attributed to this petitioner as in the second part, this petitioner and four others were alleged to have assaulted the informant's son and further, the allegation levelled against this petitioner appears to have been made exaggeratedly. It is lastly submitted that the petitioner has been languishing in jail since 09.04.2025 having fair and clean antecedent and against him, the investigation has been completed and there is case and counter case in between both the parties.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepts that there is only injury report of informant's son as per the trial court's order.
5. Considering the aforesaid submissions advanced by the petitioner's counsel and mainly taking into account the petitioner's fair and clean antecedent, his custody period and
Patna High Court CR. MISC. No.43794 of 2025(3) dt.21-07-2025 3/3 completion of investigation against him, this court is inclined to release him on bail. Accordingly, let the petitioner namedabove, be enlarged on bail in connection with Marhaura P. S. Case No. 221 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned (Shailendra Singh, J) Rajiv/- U T