Nandan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60777 of 2025 Arising Out of PS. Case No.-111 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Nandan Mahto Son of Ram Gulam Mahto R/O Village- Ramdaspur, P.S.- Goraul, District- Vaishali at Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Bela Singh, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. Earlier anticipatory bail of the petitioner was rejected vide order dated 10.07.2024 passed in Cr. Misc. No. 43975 of 2024 (Annexure- P/1).
3. The petitioner seeks bail in connection with Goraul P.S. Case No. 111 of 2023, registered under Sections 341, 323, 324, 307, 302, 325, 504 and 34 of the Indian Penal Code.
4. The prosecution case, in short, is that the petitioners along with other co-accused persons entered the house of the informant and started abusing him. They also assaulted the informant and his family members by means of deadly weapons.
Patna High Court CR. MISC. No.60777 of 2025(2) dt.29-08-2025 2/3
5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. It is also submitted that the petitioner is close agnate of the informant. Due to previous land dispute the petitioner has been made accused in this case. The used weapon was not recovered and no any blood stain was found at the place of occurrence. The petitioner is in custody since 30.04.2025 and has got no criminal antecedent.
6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP for the State has further submitted that there is specific allegation against the petitioner of giving iron rod blow on the head of the father of the informant. The petitioner also assaulted the informant and other family members by means of lathi-danda and iron rod. Hence, serious allegation is against the petitioner and he does not deserve the privilege of bail.
7. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.
8. The prayer is rejected. The trial Court is directed to expedite the Trial. However, if the trial is not concluded within a
Patna High Court CR. MISC. No.60777 of 2025(2) dt.29-08-2025 3/3 period of six months from the date of receipt/production, the petitioner will have liberty to renew his prayer for bail in the Court below.
(Rudra Prakash Mishra, J) Rajorshi/- U T