IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81291 of 2025 Arising Out of PS. Case No.-89 Year-2025 Thana- Nehra District- Darbhanga ====================================================== 1. Kavita Devi, W/o Ram Babu Mahto, Residence of Mohalla/ Vill-Jagdishpur, P.S- Nehra, Distt- Darbhanga. 2. Rani Kumari, D/O Ram Babu Mahto, Residence of Mohalla/ Vill- Jagdishpur, P.S- Nehra, Distt- Darbhanga. 3. Lochan Mahto @Lochanram Mahto, S/O Late Nandu Mahto Residence of Mohalla/ Vill-Jagdishpur, P.S- Nehra, Distt- Darbhanga. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kedar Jha, Adv. For the Opposite Party/s : Mr. Brajendra Nath Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 10-12-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Nehra P.S. Case No. 89 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 76, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. 3. On the fateful day, on account of a trifle, the petitioners and others variously armed with lathi, danda and tengari barged into the house of the informant and started Patna High Court CR. MISC. No.81291 of 2025(2) dt.10-12-2025 2/3 abusing. On protest, co-accused Ram Babu Mahto assaulted the informant by means of tengari, due to which he sustained serious injury. There is further allegation against the petitioners of assaulting the informant and misbehaving with the wife of the informant, besides the allegation of snatching of valuables. 4. Learned Advocate appearing on behalf of the petitioners referring to the FIR contended that so far the specific accusation of causing tengari blow is concerned, the same has been levelled against co-accused Ram Babu Mahto and is not before this Court. Moreover, the injury sustained to the informant is found to be grievous in nature, however, the same is attributable only against co-accused Ram Babu Mahto. From the narratives of the FIR it is evident that on account of a trifle, both the parties have entered into a free fight, leading to institution of a case and complaint case instituted against the informant and others. The inimical terms between the parties is also writ large in view of the pendency of the Title Suit bearing no. 285 of 2023 pending in the Court of learned Sub Judge V, Darbhanga. The petitioners are persons of fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State Patna High Court CR. MISC. No.81291 of 2025(2) dt.10-12-2025 3/3 vehemently opposed the pre-arrest bail application and submits that the petitioners have actively participated in the crime. 6. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation against the petitioners, besides the factum of case and counter case, coupled with the pending litigation besides the fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Darbhanga in connection with Nehra P.S. Case No. 89 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T