Saheb Mahto @ Sohan Drabesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51556 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.
Saheb Mahto @ Sohan Drabesh Prasad S/O Darbesh Mahto R/O VillageKabirpur, PS-Manjhi, Distt-Saran 2.
Nand Kishore Mahto S/O Darbesh Mahto R/O Village-Kabirpur, PS-Manjhi, Distt-Saran 3.
Janardan Mahto S/O Darbesh Mahto R/O Village-Kabirpur, PS-Manjhi, Distt-Saran 4.
Satish Kumar @ Satish Rai @ Satish Kumar Rai S/O Nawal Rai R/O Village- Hiranibag, Misraulia, Mangadih, PS- Chapra Muffasil, DistrictSaran ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash, Advocate For the Opposite Party/s :
Mr.Madan Kumar, A.P.P.
Mr. A. Parashar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2025 Heard learned counsel for the petitioners, the State and the informant.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 118(1), 117(2), 109, 324(4), 352, 351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, informant alleged that all the FIR named accused persons including these petitioners were cultivating his ancestral land by tractor and on protest, coaccused Naresh Yadav assaulted on the head of informant by farsa. Petitioner no.4 along with co-accused Vijay Rai and
Patna High Court CR. MISC. No.51556 of 2025(2) dt.20-08-2025 2/3 Akhilesh Rai assaulted informant's brother with iron rod causing him fracture injury. Thereafter, all the accused persons assasulted one Sumit Kumar.
4. It is submitted on behalf of the petitioners that due to land dispute, altercation took place between the parties in which both sides sustained injuries. There is case and counter case. Allegation of assault is general and omnibus against petitioner no. 1, 2 and 3 and no specific overt act has been alleged against these petitioners. Petitioners claim clean antecedent.
5. Learned counsel for the State and the informant oppose the prayer for bail. They submit that petitioner no.4 along with co-accused Vijay Rai and Akhilesh Rai assaulted informant's brother with iron rod causing him grievous injury.
6. Considering the aforesaid facts of the case, prayer for bail of petitioner no. 1,2 and 3 is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in Chapra Muffasil Police Station Case No. 19 of 2025, subject to the conditions laid down under
Patna High Court CR. MISC. No.51556 of 2025(2) dt.20-08-2025 3/3 section 438(2) of the Code of Criminal Procedure.
7. Considering the nature of injury caused by petitioner no.4, his prayer for bail is dismissed. (Prabhat Kumar Singh, J) Shashi U T