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Patna High CourtCR. MISC./91883/2025allowed

Anil Mahto v. The State Of Bihar

2026-01-28Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91883 of 2025 Arising Out of PS. Case No.-200 Year-2012 Thana- LALGANJ District- Vaishali ====================================================== Anil Mahto S/O Late Moti Mahto @ Moti Mahato Resident of VillagePurantand, Police Station- Lalganj, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 436 and 304 of the Indian Penal Code.

3. The case of the prosecution in short is that six accused persons including this petitioner have put fire on the hut of the informant due to which two months baby of the informant was burnt who died later on.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that this is an occurrence of 04.09.2012 whereas the FIR was lodged on 22.12.2012 that is after three months. There is no explanation of delay. The nature of

Patna High Court CR. MISC. No.91883 of 2025(2) dt.28-01-2026 2/2 allegation is general and omnibus. It has also been submitted that similary situated other co-accused persons have already been granted bail by learned co-ordinate Benches of this court vide order dated 04.03.2024 and 04.11.2022 passed in Cr. Misc. Nos. 14078 of 2024 and 47522 of 2022. The case of this petitioner stands on similar footing. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Morover, he is languishing in judicial custody since 19.07.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lalganj P.S. Case No. 200 of 2012 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Ashok Kumar Pandey, J) Shubham/- U T