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Patna High CourtCR. MISC./64532/2025bail granted

Mantun Mahto @ Siya Sharan Mahto v. The State Of Bihar

2025-09-17Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64532 of 2025 Arising Out of PS. Case No.-463 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== 1.

Mantun Mahto @ Siya Sharan Mahto S/O Ram Naresh Mahto R/O VillageMahadev Chak, P.S- Bakhri, Distt.- Begusarai. 2.

Ravish Mahto @ Ravish Kumar S/O Mantun Mahto @ Siya Sharan Mahto R/O Village- Mahadev Chak, P.S- Bakhri, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. R. S. Sahay, Advocate, Advocate Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-09-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Bakhri P.S. Case No. 463 of 2024 dated 22.11.2024 registered for the offence(s) punishable under Section(s) 103, 3(5) of the B.N.S.

3. The main submissions advanced by the petitioners' counsel are that both the petitioners have clean antecedent, and have been languishing in jail since 29.05.2025. The F.I.R. has been registered against the nine named accused persons including these petitioners and 3-4 unknown. The main

Patna High Court CR. MISC. No.64532 of 2025(2) dt.17-09-2025 2/3 allegation of assaulting the deceased at the instigation of petitioner no. 1 is completely false and in this regard, postmortem report of the deceased may be perused, which shows that on the body of the deceased, no external injury was found and the cause of death of the deceased was opined to be congestive heart failure and the deceased was 85 years old. It is lastly submitted that one co-accused bearing almost similar nature of allegation has been granted bail by a coordinate Bench of this Court vide order dated 13.05.2025, passed in Cr. Miscellaneous No. 18940 of 2025.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioners.

5. Considering the aforesaid submissions and mainly the fact that on the body of the deceased, no external injury was found and cause of death of the deceased was opined to be congestive heart failure and one similarly situated co-accused mentioned above has been granted bail by a coordinate Bench of this Court, coupled with the petitioners' custody period and completion of investigation against the petitioners, this court is inclined to release them on bail. Accordingly, let the petitioners named-above be enlarged on bail in connection with Bakhri P.S. Case No. 463 of 2024, on furnishing bail bond of Rs. 20,000/-

Patna High Court CR. MISC. No.64532 of 2025(2) dt.17-09-2025 3/3 (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court Concerned. (Shailendra Singh, J) Ranjeet/- U T