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Patna High CourtCR. MISC./91915/2025bail granted

Chhathu Mahto @ Chhathu Mahato v. The State Of Bihar

2026-01-15Mr. Justice Alok Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91915 of 2025 Arising Out of PS. Case No.-396 Year-2025 Thana- GARKHA District- Saran ====================================================== 1.

Chhathu Mahto @ Chhathu Mahato Son of Lagan Mahto. 2.

Lagan Mahto Son of Raja Mahto 3.

Pappu Mahto Son of Raja Mahto 4.

Ramesh Mahto Son of Raja Mahto All are resident of Village- Bibipur, P.S.- Garkha, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Garkha P.S. Case No.396 of 2025, registered for the offence under Sections 191(2), 190, 126(2), 115(2), 118(1), 117(2), 109, 303(2), 352, 76 of the BNS.

3. The prosecution case, in brief, is that on 13.05.2025 Ramesh Mahto untied informant's buffalo, which was tied in front of informant's house and when the informant asked Ramesh Mahto about it, he began to abuse her in filthy language threatening her to kill. All the named accused persons having armed with lathi, rod came and on call of Ramesh Mahto with intention to cause death, all named accused persons assaulted

Patna High Court CR. MISC. No.91915 of 2025(2) dt.15-01-2026 2/3 the informant severely and caused fracture on her right leg. Her daughter Suga Kumari and her husband Ram Bhajan Mahto when came to save her, they were also assaulted badly by all the accused persons jointly and caused injury on the head of Ram Bhajan Mahto with lathi, rod and they tried to outrage modesty of her daughter too. Further, they entered into the house of the informant and took away ornaments and Rs.20,000/- cash. On alarm raised, Fagu Mahto and Manoj Mahto came to whome also the accused injured with lathi, rod. All the injured got treatment at government hospital, Garkha from where the husband and the daughter of the informant were referred to PMCH, Patna on their sustaining serious injuries. Accordingly the FIR.

4. Learned counsel for the petitioners submit that petitioners are innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Learned counsel for the petitioners further submit that there is general and omnibus allegation against all the petitioners and no specific case against anyone of them of having assaulted the informant and also given the fact that all the petitioners have clean antecedent.

5. The learned APP opposes the anticipatory bail

Patna High Court CR. MISC. No.91915 of 2025(2) dt.15-01-2026 3/3 application.

6. Considering the fact that there there is general and omnibus allegation against all the petitioners and no specific case against anyone of them of having assaulted the informant and also given the fact that all the petitioners have clean antecedent, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.

7. Accordingly, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case No.396 of 2025, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. (Alok Kumar Sinha, J) Prakash Narayan U T