IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7421 of 2025 Arising Out of PS. Case No.-233 Year-2024 Thana- GWALPARA District- Madhepura ====================================================== 1. Bidyanand Mahto S/O Late Madho Mahto R/o Vill.- Bhaluahi Ward No. 01, P.S.- Gwalpara, District- Madhepura 2. Pintu Kumar @ Pintu Mahto S/O Janardhan Mahto R/o Vill.- Bhaluahi Ward No. 01, P.S.- Gwalpara, District- Madhepura 3. Ghanshyam Kumar @ Ghanshyam Mahto S/O Late Gobardhan Mahto R/o Vill.- Bhaluahi Ward No. 01, P.S.- Gwalpara, District- Madhepura 4. Pappu Mahto @ Pappu Kumar S/O Late Gobardhan Mahto R/o Vill.- Bhaluahi Ward No. 01, P.S.- Gwalpara, District- Madhepura 5. Mukesh Mahto @ Mukesh Kumar S/O Late Gobardhan Mahto R/o Vill.- Bhaluahi Ward No. 01, P.S.- Gwalpara, District- Madhepura 6. Awdhesh Mahto S/O Bidyanand Mahto R/o Vill.- Bhaluahi Ward No. 01, P.S.- Gwalpara, District- Madhepura 7. Lalan Mahto @ Lal Bahadur Mahto S/O Bidyanand Mahto R/o Vill.- Bhaluahi Ward No. 01, P.S.- Gwalpara, District- Madhepura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 22-03-2025 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Gwalpara Police Station Case No. 233 of 2024, dated 12.11.2024, disclosing offences under Sections 109/3(5) of the Bhartiya Nyaya Sanhita read with Section 27 of the Arms Act. Patna High Court CR. MISC. No.7421 of 2025(2) dt.22-03-2025 2/3 3. The prosecution case, as per the First Information Report, is that on 11.11.2024, in the night at about 09:30 PM, while the informant was sleeping at his door, the petitioners, along with other accused persons, arrived there and upon order of co-accused Janardan Mahto, the co-accused Rajeev Mahto fired upon the informant, which hit on the right hand of the informant and the co-accused Sajeev Mahto also fired which hit on the right thigh of the informant. It has further been alleged that previous enmity between the parties is the reason behind the occurrence. 4. Learned counsel for the petitioners submits that both the parties are agnates and the present occurrence has taken place due to previous enmity and land dispute between the parties. He next submits that no specific overt act has been alleged against the petitioners and allegation of firing is upon other co-accused persons. The persons, upon whom allegation of firing is there, have been granted regular bail by this Court. He further submits that injuries sustained by the informant are simple in nature. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the Patna High Court CR. MISC. No.7421 of 2025(2) dt.22-03-2025 3/3 parties are agnates having previous enmity and land dispute, injuries caused to the informant are simple in nature and there is no specific overt act against the petitioners, I am inclined to grant the petitioners privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released 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 learned Judicial Magistrate First Class, Udakishunganj, Madhepura, in connection with Gwalpara Police Station Case No. 233 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagarik Suraksha Sanhita. ashwani/- (Anil Kumar Sinha, J) U T