Patna High CourtCR. MISC./57884/2025bail granted

Rohit Kumar v. The State Of Bihar

2025-08-27Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57884 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rohit Kumar, S/o Kamal Mahto @ Kamal Mahato, R/o Village- Chilmil, ward No 2, P.S- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 27-08-2025 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 178 of 2025, dated 23.05.2025, registered under Sections 115(2), 126(2), 118(2), 109(1), 351(2), 352, 76, 3(5) of the B.N.S.

3. The prosecution case, in brief, is that informant Samita Devi has alleged that on 22.5.2025 at 8.15 P.M. she had brought medicine for her children from her known villager namely Sikandar Paswan and both of them were talking on the road. In the meantime, her bhaisur namely Rajesh Mahto, Ramjatan Mahto, Rohit Kumar, Abha Devi, Switi Kumari, Beauty Kumari, Ramjugeshwar Mahto, Ramkumar had arrived there and all of them were started to abusing her. When the

Patna High Court CR. MISC. No.57884 of 2025(2) dt.27-08-2025 2/3 informant had objected to all of them for abusing, the accused persons were not ready and all the FIR named accused persons were started to assault the informant. Informant has further alleged that on being assault by all the FIR named accused persons, the informant had raised hulla and then the accused persons had asked to kill her. Rajesh Mahto had assaulted by way of hammer on the head of the informant and further he had assaulted by way of hammer over the both hands of the informant and due to which assault both the hands of the informant was broken. In the meantime one Sikandar Paswan had reached there for rescue of the informant and then the accused persons had also broken the legs of Sikandar Paswan. After the incident both the injured persons had given information to the police station and treated themselves.

4. It is submitted by the learned counsel for the petitioner that there is no specific allegation against the petitioner, whereas the fact is that one Rajesh Mahto, against whom there is direct allegation of assault, which led this informant to sustain injury. The petitioner has no criminal antecedent. Due to village politics the petitioner has been dragged in this case.

5. It has next been submitted that the assault attributed by Rajesh Mahto, owing to which the hand of the informant had broken, even during course of such assault, there is no attribution

Patna High Court CR. MISC. No.57884 of 2025(2) dt.27-08-2025 3/3 with regard to any assistance being given by this petitioner.

6. It has next been submitted that there is no allegation against this petitioner for having assaulted the informant and being armed with hard and blunt substance, whereas the injury sustained by the informant is caused by hard and blunt substance.

7. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.

8. Considering the fact that the petitioner has been made an accused due to village politics and he is not involved in any manner in the occurrence, there is no direct allegation of assault against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Begusarai in connection with Muffasil P.S. Case No. 178 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Ajit Kumar, J) pravinkumar/- U T