Shubhnath Mahto @ Shivnath Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58262 of 2025 Arising Out of PS. Case No.-236 Year-2025 Thana- SHEOHAR District- Sheohar ====================================================== 1.
Shubhnath Mahto @ Shivnath Mahto son of Kailash Mahto R/o VillageFatehpur PS -Fatehpur Distt -Sheohar 2.
Shatrudhan Mahto son of Niras Mahto @ Late Niras Mahto R/o VillageFatehpur PS -Fatehpur Distt -Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Adv.
For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 127(2), 115(2), 117(2), 109(1), 303(2), 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that his son along with Raushan and others had gone to see his purchased land, on which a house was constructed, further the named accused persons along with 15-20 unknown accused came and surrounded his son, Satish (driver) and other
Patna High Court CR. MISC. No.58262 of 2025(2) dt.04-09-2025 2/3 relatives, thereafter the accused persons put a rope around the neck of his son, Shashi and hanged him from a tree with an intention to kill him, further Raushan, who tried to save his son, was assaulted by Kailash by an iron rod causing injury on head, thereafter Satish was abused and accused took gold chain and three rings of his son, it is next alleged that his son was saved on intervention of Shiv Shankar and Amit.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that on account of dispute relating to land, the occurrence is alleged to have taken place. It is submitted that the land in dispute was purchased by Geeta Devi and informant intends to capture the same. It is further submitted that Geeta Devi instituted Sheohar P.S. Case No. 237 of 2025 against the side of the informant and others. It is also submitted that though there is allegation of tying rope around the neck of the son of the informant and thereafter it is alleged that he was hanged from a tree, but then the allegation is not specific and all injuries have been found to be simple, as recorded at Para-13 of the anticipatory bail application.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Patna High Court CR. MISC. No.58262 of 2025(2) dt.04-09-2025 3/3
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sheohar P.S. Case No. 236 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T