Prasadi Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46401 of 2025 Arising Out of PS. Case No.-520 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.
Prasadi Mahto Son of Late Angat Mahto @ Late Angad Mahto village - Mahisha Munda, P.S. - Kahalgaon, Dist. - Bhagalpur 2.
Subhash Mahto Son of Prasadi Mahto village - Mahisha Munda, P.S. - Kahalgaon, Dist. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Kahalgaon P.S. Case No. 520 of 2023 instituted under Sections 147, 149, 341, 323, 354, 504, 506 and 379 of the Indian Penal Code.
3. As per the prosecution case, 13 accused persons including the petitioner came at the house of the informant and assaulted her son and niece. It is further alleged that petitioner
Patna High Court CR. MISC. No.46401 of 2025(2) dt.30-07-2025 2/3 No. 1 caught hold the son of the informant and co-accused Sudhanshu Mahto hit him with the butt of pistol on his head. Allegation against petitioner No. 2 is that he has tried to outrage the modesty of the niece of the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Petitioners and informant are own gotiya and due to land dispute, some altercation took place between them and the false allegation has been made against the petitioners. Injuries are simple in nature. Petitioners have one criminal antecedent in which they are on bail. Petitioners undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. Case No. 520 of 2023, subject to the conditions
Patna High Court CR. MISC. No.46401 of 2025(2) dt.30-07-2025 3/3 laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J) sauravkrsinha/- U T