Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56537 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- TERHAGACHH District- Kishanganj ====================================================== Umesh Mahto S/o Late Madagu Mahto Resident of village- Baisa Toli, ward no. 1, P.s.- Tedhagachh, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Tedhagach P.S. Case No. 70 of 2025 for the offence under Sections 126(2), 115(2), 333, 308(5), 352, 351(2) and 3(5) of the B.N.S.

3. As per the prosecution story, the informant has alleged that on 05.04.2025, at about 07:30 pm, two persons, namely, Jagat Ram and Umesh Mahato, entered the courtyard of his house with intention to kill him, they put a gun to his chest and started demanding extortion. Being frightened, he screamed loudly, thereafter all the people from the vicinity of his house came and surrounded Jagat Ram and caught him, and his

Patna High Court CR. MISC. No.56537 of 2025(2) dt.27-08-2025 2/3 accomplice namely Umesh Mahato, managed to escape. The said gun was recovered and it was found that the said gun was an air gun.

4. Learned counsel for the petitioner submits that the petitioner has committed no offence and he has falsely been implicated in the present case due to local village politics. The petitioner was not present at the alleged place of occurrence but due to instance of some unsocial elements who had inimical terms with the family of the petitioner, he has falsely been implicated in the present case. Learned counsel further submits that from the perusal of the F.I.R. itself, it appears that the gun used in this occurrence is an air gun. It is further submitted that the petitioner has never demanded a single penny from the informant at any point in time.

5. Learned APP opposes the prayer for bail.

6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate,

Patna High Court CR. MISC. No.56537 of 2025(2) dt.27-08-2025 3/3 Kishanganj, in connection with Tedhagach P.S. Case No. 70 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S.

(S. B. Pd. Singh, J) Ankit Kumar/- U T