Kailash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68922 of 2025 Arising Out of PS. Case No.-236 Year-2025 Thana- SHEOHAR District- Sheohar ====================================================== Kailash Mahto S/o Late Niras Mahto @ Ram Niras Mahto Fatehpur, P.S.- Fatehpur, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-10-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 127(2), 115(2), 117(2), 109(1), 303(2), 352, 351(2) and 3(5) of the BNS, 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his son along with Raushan and others had gone to see his purchased land, on which a house was constructed, further the named accused persons including the petitioner along with 15-20 unknown accused came and surrounded his son, Satish (driver) and other relatives, thereafter the accused persons put a rope around the neck of his son, Shashi and

Patna High Court CR. MISC. No.68922 of 2025(2) dt.10-10-2025 2/3 hanged him from a tree with an intention to kill him, further Raushan, who tried to save his son, was assaulted by the petitioner by an iron rod causing injury on head, thereafter Satish was abused and accused took gold chain and three rings of his son, it is next alleged that his son was saved on intervention of Shiv Shankar and Amit.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that on account of dispute relating to land, the occurrence is alleged to have taken place. It is next submitted that the land in dispute was purchased by Geeta Devi and informant intended to capture the same. It is next submitted that Geeta Devi instituted Sheohar P.S. Case No. 237 of 2025 against the side of the informant and others. It is further submitted that though it is alleged that petitioner assaulted Raushan by rod causing injury on head but then blow was not repeated and the injury suffered is opined to be simple and petitioner is not a criminal.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the

Patna High Court CR. MISC. No.68922 of 2025(2) dt.10-10-2025 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sheohar P.S. Case No. 236 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) amit/- U T