Hira Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65949 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- HALSI District- Lakhisarai ====================================================== Hira Mahto S/o Late Gorakh Mahto Resident of Village- Raata, P.S.- Halsi, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Md. Irshad, Advocate For the State :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 76, 303(2), 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on 26.05.2025 at about 7 PM, all the F.I.R. named accused persons, including this petitioner, assaulted informant and his mother by means of lathi and also tore the blouse of mother of informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, sudden quarrel arose between the parties due to trivial dispute of grazing of vegetable field of the informant by goat of the petitioner in which both
Patna High Court CR. MISC. No.65949 of 2025(3) dt.14-10-2025 2/2 sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Injuries sustained by the injured are simple in nature.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties and nature of injuries sustained by the injured, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned J.M. Ist Class, Lakhisarai in connection with Halsi P.S. Case No. 130 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T