IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80508 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- Mufassil District- Khagaria ====================================================== 1. Bachchu Mahto @ Satyam Mahto @ Shashi Kumar Shekhar @ Shashi Kumar Shekhar Mahto S/O Ramdas Mahto R/O Village- Chandi Mahto tola, Tikarampur, P.S.- Muffasil, Dist.- Munger. 2. Pandav Mahto S/O Ramdas Mahto R/O Village- Chandi Mahto tola, Tikarampur, P.S.- Muffasil, Dist.- Munger. 3. Mohan Mahto @ Manohar Mahto S/O Dahu Mahto R/O Village- Chandi Mahto tola, Tikarampur, P.S.- Muffasil, Dist.- Munger. ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Singh, Sr. Advocate Mr. Manish Kumar Singh, Advocate For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 02-12-2025 Heard learned senior counsel for the petitioners and learned A.P.P. for the State. 2. In the present case, the petitioners seek bail in connection with Khagaria Muffasil P.S. Case No. 126 of 2024 dated 28.09.2024, registered for the offences punishable under Sections 191(2), 191(3), 190, 127(2), 115(2), 109, 352 and 351(2) read with Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. Later on Sections 130(1) and 61(2) of the B.N.S., 2023 were also added. 3. As per the prosecution case, petitioners and other co-accused persons surrounded the brother-in-law of the Patna High Court CR. MISC. No.80508 of 2025(2) dt.02-12-2025 2/3 informant and indiscriminately fired upon him. Brother-in-law of the informant succumbed to his injuries later on during the course of treatment. 4. Learned senior counsel appearing on behalf of the petitioners submits that co-accused Bindul Mahto has been acquitted by the learned trial Court as informant did not support her case in her deposition, she rather stated that she does not know who killed her brother-in-law. Considering this fact, two learned co-ordinate Benches of this Court granted the privilege of anticipatory bail to other co-accused persons namely, Indal Mahto and Butani Mahto vide orders dated 24.09.2025 and 18.11.2025 passed in Cr. Misc. No. 20907 of 2025 and Cr. Misc. No. 75644 of 2025 respectively, and the case of the petitioner is similarly placed. Learned senior counsel lastly submits that charges have been framed against the petitioners and they are in custody since 27.06.2025 having clean antecedent. 5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioners. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the grant of privilege of anticipatory bail to similarly placed co- accused persons, the petitioners, above-named, are directed to Patna High Court CR. MISC. No.80508 of 2025(2) dt.02-12-2025 3/3 be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria / concerned Court, in connection with Khagaria Muffasil P.S. Case No. 126 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial Court. (iii) In case of non-appearance of the petitioners on single date or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned. Shahnawaz/- (Arun Kumar Jha, J) U T