Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59598 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.
Arvind Kumar S/O Rambabu Mahto @ Rambabau Mahto R/O VillageAkopur, Ward no. 01, P.S- Cheriyabariyarpur, District- Begusarai. 2.
Sanjay Mahto @ Sanjay Kumar Mahto S/O Singheswar Mahto @ Sidheswar Mahto R/O Village- Akopur, Ward no. 01, P.S- Cheriyabariyarpur, DistrictBegusarai. 3.
Ram Klayan Mahto S/O Singheswar Mahto @ Sidheswar Mahto R/O Village- Akopur, Ward no. 01, P.S- Cheriyabariyarpur, District- Begusarai. 4.
Rambabu Mahto @ Rambabau Mahto S/O Singheswar Mahto @ Sidheswar Mahto R/O Village- Akopur, Ward no. 01, P.S- Cheriyabariyarpur, DistrictBegusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Informant :
Mr.Shashank Shekhar :
Mr.Mukul Kumar For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2025 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 offence punishable under Sections 115(2), 126(2), 303(2), 109(1), 351(2), 352, 3(5) of the B.N.S, 2023.
3. Prosecution case, in brief, is that on 18.05.2025 at about 07.30 pm, while the informant was at his home he received a phone call from his renter Suman Kumar that accused persons are preventing him to park his tractor. Thereafter,
Patna High Court CR. MISC. No.59598 of 2025(3) dt.25-11-2025 2/3 informant reached at the place of occurrence and asked the accused persons namely, Sanjay Mahto (petitioner no. 2), Rambabu Mahto (petitioner no. 4), Ramkalyan Mahto (petitioner no. 3), Govind Kumar, Arvind Kumar (petitioner no. 1), Pramila Devi, and wife of Sanjay Mahto why they are doing so. On this, petitioner no. 2 gave iron rod blow on his head due to which he fell down and sustained head injury. Petitioner no. 4 and petitioner no. 3 started assaulting him with sticks. When his brother Ranjit Kumar rushed to save him, Govind Kumar assaulted him with iron rod on his head, as a result he received head injury. Petitioner no. 1 assaulted informant's nephew Shravan with sticks. During fight Pramila Devi and wife of Sanjay Mahto took away a box from informant's house containing cash Rs. 60000/.
4. Learned counsel for the petitioner submits that parties are landlord and tenant and due to rent dispute marpit took place. Case and counter case. petitioners claim clean antecedent.
5. Learned APP, however, vehemently opposes the prayer for bail and submits that three persons were injured in this case, two of whom sustained grievous injuries.
6. Considering the fact that the injuries caused by
Patna High Court CR. MISC. No.59598 of 2025(3) dt.25-11-2025 3/3 petitioner nos. 2, 3 and 4 are grievous in nature, therefore, I am not inclined to enlarge Sanjay Mahto @ Sanjay Kumar Mahto (petitioner no. 2), Ram Klayan Mahto (petitioner no. 3) and Rambabu Mahto @ Rambabau Mahto (petitioner no. 4) on anticipatory bail. Accordingly, the same is rejected.
7. So far as the case of Arvind Kumar (petitioner no.
1) is concerned, injury caused by petitioner no. 1 is simple in nature, therefore, let Arvind Kumar (petitioner no. 1), in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail 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, Manjhaul, Begusarai in connection with Cheriyabariyarpur P.S. Case No. 70 of 2025, subject to the conditions as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) vinita/- U T