Baidhnath Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84677 of 2025 Arising Out of PS. Case No.-347 Year-2025 Thana- LALGANJ District- Vaishali ====================================================== 1.
Baidhnath Mahto Son of Shambhu Mahto Resident of Village- Mahadev Pakari Kanth, P.S.- Lalganj, District- Vaishali 2.
Saryug Mahto @ Sarjug Mahto @ Saryug Kumar Mahto Son of Shambhu Mahto Resident of Village- Mahadev Pakari Kanth, P.S.- Lalganj, DistrictVaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Bela Singh, Adv.
For the Opposite Party/s :
Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 23-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Lalganj P.S. Case No. 347 of 2025, dated 15.07.2025 registered for the offences under Sections 191(2), 191(3), 126, 115(2), 117(2), 109, 352, 351(3), 3(5) of the B.N.S., 2023.
3. As per prosecution case, the accused persons including the petitioners armed with various means of weapons reached at the house of the informant, abused him as also assaulted by by iron rod due to which the informant sustained injuries over his head and left hand. When the informant's son
Patna High Court CR. MISC. No.84677 of 2025(2) dt.23-12-2025 2/3 came for rescue, he was also assaulted by the accused persons and sustained injury upon his head.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the instant case merely due to enmity. It is next submitted that the allegations leveled against the petitioners is general and omnibus in nature while the specific allegation of assault is against the co-accused Shambhu Mahto. Both the parties are aganates and there is a counter case to the same occurrence which is lodged by the wife of the petitioner no.1 and the same is appended with the instant bail application as Annexure-P/2. It is further submitted that the petitioner no.1 has five criminal antecedents whereas petitioner no.2 has one criminal antecedent and, in all the cases, the petitioners are on bail. Lastly, it is submitted that the petitioners are men of means and they are ready to abide by the terms and conditions imposed in this case, in case the benefit of privilege of anticipatory bail is extended to him.
5. On the other hand, though learned APP for the State has opposed the prayer for bail but, has not confronted the submission of the petitioners that the allegation as alleged against them is general and omnibus in nature and there is a
Patna High Court CR. MISC. No.84677 of 2025(2) dt.23-12-2025 3/3 counter case for the same occurrence.
6. Considering the aforesaid facts and circumstances of the case as also taking into account the submissions made by the parties, this Court is inclined to grant anticipatory bail to the petitioners.
7. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the Court below within a period of four weeks from today on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Lalganj P.S. Case No. 347 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, 2023. (Ajit Kumar, J) rishi/- U T