Sanjay Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65264 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- PALANWA District- East Champaran ====================================================== Sanjay Mahato S/O Dev Narayan Mahato R/o vill - Uchidih, P.S.- Palanwa, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2025 Heard both parties.

2. The petitioner seeks bail in a case, registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case in brief is that all the FIR named accused persons including petitioner assaulted the informant, his brother, son and wife. Due to injury caused by the accused persons, informant's brother died during course of treatment.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. As a matter of fact, the informant side were extending the boundaries of their agricultural land in the land of petitioner's share which was protested which led to altercation. Allegation of assault is general and omnibus. From postmortem report, it is

Patna High Court CR. MISC. No.65264 of 2025(3) dt.11-11-2025 2/2 apparent that two injuries were found on the person of deceased whereas, the allegation of assault is attributed against five FIR named accused persons. It is further submitted that no specific role has been attributed against this petitioner. Similarly situated co-accused has been granted bail by a coordinate Bench of this court vide order dated 12.08.2025 passed in Cr. Misc. No. 54514 of 2025. Petitioner claims clean antecedent and he is in custody since 30.04.2025.

5. Learned APP however, vehemently opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts, let the petitioner above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Palanwa P.S. Case No. 65 of 2025. (Prabhat Kumar Singh, J) vinita/- U