Punit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.715 of 2025 Arising Out of PS. Case No.-2 Year-2024 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Punit Mahto S/o- Ganga Mahto Village-Hardas Bigha, Bind Toli, Police Station- Khusrupur, District- Patna.

2.

Dewari Mahto S/o- Ganga Mahto Village- Hardas Bigha, Bind Toli, Police Station Khusrupur, District- Patna.

3.

Ram Tahal Mahto S/o- Ganga Mahto Village- Hardas Bigha, Bind Toli, Police Station Khusrupur, District Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code.

3. As per F.I.R., on 1.1.24 at about 8 PM, while informant was at his door, these petitioners along with other accused persons came there and assaulted informant and others by means of various weapons and took away Rs. 20,000/- from the house.

4. Learned counsel appearing for the petitioners

Patna High Court CR. MISC. No.715 of 2025(3) dt.17-03-2025 2/3 submits that specific accusation of assault is against petitioner No. 3 and other accused persons. So far rest of the petitioners are concerned, there is no specific allegation of overt act against them. Rest of the allegations are ornamental only to make the case grave.

5. Learned A.P.P. for the State opposed the bail application and submits that petitioner No. 3 assaulted Munni Lal Mahto with lathi and has got one criminal antecedent of similar nature.

6. In view of the specific nature of allegation, prayer for anticipatory bail of petitioner No. 3 is refused.

7. However, considering the nature of accusation against petitioner Nos. 1 & 2, the anticipatory bail with regard to petitioner Nos. 1 & 2 is allowed and it is ordered that the above named petitioner Nos. 1 & 2 in the event of their arrest/surrender before the court below within a period of eight weeks from today, 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 Judicial Magistrate, 1st Class, Patna City in connection with Khusrupur P. S. Case No. 02 of 2024, subject to condition as laid down under Section 438(2) of

Patna High Court CR. MISC. No.715 of 2025(3) dt.17-03-2025 3/3 the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T