Jayram Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49655 of 2025 Arising Out of PS. Case No.-66 Year-2024 Thana- BADDI District- Rohtas ====================================================== 1.

Jayram Mahato S/O Ram Nath Mahto R/O Village and P.O- Majhuin, P.SBaddi(Sheosagar), Distt.- Rohtas (Sasaram). 2.

Babu Ram Mahto @ Baburam Singh S/O Ram Nath Mahto R/O Village and P.O- Majhuin, P.S- Baddi(Sheosagar), Distt.- Rohtas (Sasaram). 3.

Sri Mahto @ Sri Ram Mahato S/O Ram Nath Mahto R/O Village and P.OMajhuin, P.S- Baddi(Sheosagar), Distt.- Rohtas (Sasaram). 4.

Prince Mahto @ Prince Metha @ Prince Kumar S/O Sri Mahto @ Sri Ram Mahato R/O Village and P.O- Majhuin, P.S- Baddi(Sheosagar), Distt.- Rohtas (Sasaram).

5.

Nandan Mahto @ Nandan Kumar S/O Babu Ram Mahto @ Baburam Singh R/O Village and P.O- Majhuin, P.S- Baddi(Sheosagar), Distt.- Rohtas (Sasaram).

6.

Ajay Mahto @ Ajay Singh S/O Bechu Mahto R/O Village and P.O- Majhuin, P.S- Baddi(Sheosagar), Distt.- Rohtas (Sasaram). 7.

Chandan Mahto @ Chandan Kumar S/O Babu Ram Mahto @ Baburam Singh R/O Village and P.O- Majhuin, P.S- Baddi(Sheosagar), Distt.- Rohtas (Sasaram).

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Nawal Kishore Singh, Advocate For the State :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. Prayer for grant of anticipatory bail on behalf of Petitioner No. 1, namely Jayram Mahato, has already been dismissed as withdrawn vide order dated 29.07.2025.

3. Petitioner Nos. 2 to 7 apprehend their arrest in a

Patna High Court CR. MISC. No.49655 of 2025(3) dt.11-08-2025 2/3 case registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 74 and 303(2) of the B.N.S. and Section 27 of the Arms Act.

4. As per prosecution case, informant, namely Saheb Yadav, alleged that on 19.12.2024 at about 6 AM in the morning, when his minor daughter was returning from coaching centre, in the meantime, all the F.I.R. named accused persons, including these petitioners, assaulted her. It is further alleged that when informant went to save her, Petitioner No. 3 assaulted him and all the accused persons snatched his gold chain.

5. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against Petitioner No. 3. So far as rest of the petitioners are concerned, there is general and omnibus allegation of assault and no specific accusation of overt act has been alleged against them. Case and counter-case between the parties. The present F.I.R. has been lodged after inordinate delay of 7 days and there is no plausible explanation for the same. During course of investigation, doctor has found the injuries, sustained by the injured, simple in nature.

Patna High Court CR. MISC. No.49655 of 2025(3) dt.11-08-2025 3/3

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

7. Considering the facts and circumstances of the case, case and counter-case between the parties, delay in lodging of the F.I.R and nature of injuries sustained by the injured, the prayer for grant of anticipatory bail to Petitioner Nos. 2 to 7 is allowed.

8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner Nos. 2 to 7 be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Baddi P.S. Case No. 66 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T