Bala Mahto @ Balindra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71659 of 2025 Arising Out of PS. Case No.-223 Year-2025 Thana- PIPRA District- East Champaran ====================================================== 1 .

Bala Mahto @ Balindra Mahto S/O Late Basu Mahto R/O Vill.- Sohanpur, P.S.- Pipra, Dist.- East Champaran 2.

Gudiya Devi W/O Bala Mahto @ Balindra Mahto R/O Vill.- Sohanpur, P.S.- Pipra, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar , Advocate For the Opposite Party/s :

Mr. Bharat Lal , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 103 (1) , 123 , 61 ( 2 ) and 3 (5) of the BNS 3 . As per F.I.R., informant namely, Anihya devi alleged that on 14.05.2025 , all the accused persons killed grandson of informant by administering poison to him. It is further alleged that the aforesaid incident committed by accused

Patna High Court CR. MISC. No.71659 of 2025(3) dt.07-11-2025 2/3 persons in order to grab the property of grandson of informant.

4. It is submitted on behalf of the petitioners that both the parties are co-villagers. Petitioner No. 1 is husband of petitioner No. 2 and they have falsely been implicated in this case due to village politics. Specific accusation is against coaccused Manisha devi who is alleged to have administered poison to the deceased. So far as these petitioners are concerned, they have got no concern with the aforesaid incident and allegation is general and omnibus against them. No specific allegation is attributed against them. Petitioners claim clean antecedent.

5 . Learned counsel for the State oppose the bail petition .

6 Considering the aforesaid facts, general and omnibus allegation , clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Motihari District East Champaran in connection with Pipra P.S. Case No. 223 of 2025 , subject to the conditions laid

Patna High Court CR. MISC. No.71659 of 2025(3) dt.07-11-2025 3/3 down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U