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Patna High CourtCR. MISC./61378/2025bail rejected

Raju Mahto @ Raju Kumar Mahto v. The State Of Bihar

2025-10-08Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61378 of 2025 Arising Out of PS. Case No.-354 Year-2025 Thana- GARKHA District- Saran ====================================================== 1.

Raju Mahto @ Raju Kumar Mahto S/O Sharwan Mahto R/O VillageBibipur, P.s.- Garkha, Dist.- Saran 2.

Indra Mahto @ Indra Kumar S/O Sharwan Mahto R/O Village- Bibipur, P.s.- Garkha, Dist.- Saran 3.

Lav Kumar Mahto @ Lav Kumar S/O Sharwan Mahto R/O Village- Bibipur, P.s.- Garkha, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-10-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Garkha P.S. Case No. 354 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 126(2), 308(3), 118(1), 117(2), 109, 303(2), 352, 351(2) and 351(3) of the BNS, 2023.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 16.05.2025 at 08:00 PM, he was returning home

Patna High Court CR. MISC. No.61378 of 2025(2) dt.08-10-2025 2/3 when Raju intercepted him and started demanding extortion of Rs. 5,000/-, on alarm his brother along with female members of the family came to the place of occurrence, when five named accused persons including the petitioners who were present assaulted his brother causing injury on head and also snatched his chain worth Rs. 1 Lakh and took out Rs. 7,000/- from pocket of the informant and also assaulted the female members.

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 from perusal of the allegation as alleged in the FIR, it would manifest that allegation of assault is not specific.

5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners and submits that though there is no specific allegation against the petitioners of assaulting the brother of the informant, but then specific allegation of assaulting by knife is against Raju Mahto. It is further submitted that since petitioners were also present at the place of occurrence, hence, Raju felt emboldened in committing the occurrence of assaulting the injured by knife. It is next submitted that the investigation is in its nascent stages.

6. Considering the submissions made by the learned

Patna High Court CR. MISC. No.61378 of 2025(2) dt.08-10-2025 3/3 APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, the instant anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T