Bhimbali Mahto @ Bhimbali Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66335 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- BHAIROGANJ District- West Champaran ====================================================== 1.
Bhimbali Mahto @ Bhimbali Kushwaha S/o Raja Mahto 2.
Vasudev Kushwaha @ Baldev Mahto S/o Vrama Mahto 3.
Vikram Kumar @ Hiraman Mahto @ Hiraman Kumar S/o Vrama Kushwaha 4.
Rudal Ram S/o Shankar Ram 5.
Suresh Ram S/o Satan Ram All are R/o Village - Shivarajpur, P.S - Bhairoganj, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Prasad Sharma, Advocate For the Opposite Party/s :
Mr.Md. Mushtaque Alam, APP for the informant :
Mr. Vatsal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-11-2025 Heard Mr. Suresh Prasad Sharma, learned counsel appearing on behalf of the petitioners; Mr. Mr.Md. Mushtaque Alam, learned APP for the State and Mr. Vatsal Verma, learned counsel for the informant.
2. The petitioners seek pre-arrest bail in connection with Bhairoganj P.S. Case No. 62/2025 registered for the
2/4 offence punishable under Sections 115(2), 126(2), 324(4), 109, 303(2), 191 and 190 of BNS.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioners assaulted the informant and her family members, as a result of which, they sustained injuries.
4. Case diary has come. Learned counsel appearing on behalf of the State informs that so far as petitioners no.1, 4 and 5 are concerned, there is direct allegation against them that they have assaulted the informant and her family members and injury sustained by the respective victims is grievous in nature.
5. On this, learned counsel appearing on behalf of the petitioners submitted that he don't want to press the present bail application in respect of petitioners no.1, 4 and 5. However, they will try to resolve the dispute amicably with the informant but at the same time, he submitted that so far as petitioners no.2 and 3 are concerned, there is no specific allegation against them. There is case and counter case between the parties arising out of same incidence. Petitioners no.2 and 3 have clean antecedents. On these grounds, petitioners no.2 and 3 deserve to be released on pre-arrest bail.
6. Mr. Vatsal Verma has tendered his appearance on
3/4 behalf of the informant and has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners no.2 and 3.
7. Learned APP for the State has also vehemently opposed the prayer for grant of pre-arrest bail to the petitioners no. 2 and 3.
8. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, I find that there is case and counter case between the parties and in absence of any specific allegation against petitioners no.2 and 3, above named, who are having clean antecedents, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned District Additional Sessions Judge-III, Bagaha, West Champaran in connection with Bhairoganj P.S. Case No. 62/2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
9. The District Court is directed to verify the criminal antecedent of the petitioners no.2 and 3 and if it is found that the petitioners are involved in some other cases as what has been
4/4 stated in Para-3 of the bail petition, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T