Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56044 of 2025 Arising Out of PS. Case No.-35 Year-2013 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

Manoj Mahto S/o- Hari Mahto Village- Singhiya Hiban Ward No- 10 PSBanjaria Distt- East Champran 2.

Ganesh Mahto S/o- Pahalad Mahto Village- Ward No- 7, Near Bajaj Agency, Banjaria, PS- Banjaria Distt- East Champran 3.

Mohan Mahto S/o- Indrajeet Mahto R/o- Chitwania Ps- Motihari Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Motihari (Town) P.S. Case No. 35 of 2013 (Trial No.1235 of 2022) lodged on 25.01.2013, for the offence punishable under Sections 341, 323, 504, 506, 420, 467, 468 & 120(B) of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioners against whom there is an allegation that all accused persons in

Patna High Court CR. MISC. No.56044 of 2025(2) dt.27-08-2025 2/3 connivance with each other have sold the land to the informant in Rs.9 lacs and accused persons are alleged to be the land mafias.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that after investigation, police has submitted final form against the present petitioners, but the trial court has taken cognizance on 31.07.2014 despite the fact that the final form has been submitted against the petitioners. Counsel submits that the final form has come stating therein that it is a civil dispute. Counsel further submits that the petitioners have no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari, in connection with Motihari (Town) P.S. Case No. 35

Patna High Court CR. MISC. No.56044 of 2025(2) dt.27-08-2025 3/3 of 2013 (Trial No.1235 of 2022), subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

(Dr. Anshuman, J) Divyansh/- U T