IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11438 of 2025 Arising Out of PS. Case No.-446 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== Chotelal Mahto @ Chotelal Mahato, S/O Late Shivdhari @ Shivdhari Mahto @ Kanhai Mahto, R/V Bhaja Chhapra, P.S- Paharpur, District- East Champaran. ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Kundan Rathore, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP For the Informant : Mr. Sanjay Kumar Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2 05-03-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. 2. The petitioner in the present case is seeking regular bail in connection with Paharpur P.S. Case No. 446 of 2022 registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 379, 504, 506, 34 of the Indian Penal Code. He has got no criminal antecedent. He is in custody since 23.11.2024. 3. As per the prosecution story, on 13.12.2022 at about 06:30 A.M. when the informant was sitting at her door, all the FIR named accused persons including this petitioner armed with sword, garasa and lathi came there and started abusing her alleging that her she-goat used to destroy their crops and on Patna High Court CR. MISC. No.11438 of 2025(2) dt.05-03-2025 2/4 instruction of accused Gopal Mahto, accused Arjun Mahto assaulted her with sword which hit her left head. When the son of the informant came to rescue her, he was assaulted by a garasa on his head which hit him on the right side of his forehead. The other accused persons also started assaulting them by lathi. When the gotni of the informant came there to rescue them, accused Kanhai Mahto assaulted her with lathi which caused fracture in her right leg. When the grandson of the informant, namely, Mithilesh Kumar, aged about seven years came there to lift up the informant, he was assaulted by one Chhote Lal Mahto (the petitioner) on his head by a garasa due to which he also fell down. Accused Dipak Mahto also snatched golden mangalsutra of the informant worth Rs.20,000/-. The informant further submits that she is not in possession of any she-goat. 4. Learned counsel for the petitioner submits that the allegation against this petitioner is that he had given a garasa blow on the grandson of the informant who sustained injury on his left parietal region, however, the injury is simple is nature. It is submitted that there is a land dispute between the parties and the petitioner has no criminal antecedent. 5. Learned counsel for the informant has opposed the Patna High Court CR. MISC. No.11438 of 2025(2) dt.05-03-2025 3/4 prayer for regular bail of the petitioner. Learned counsel for the informant submits that though this petitioner had assaulted Mithilesh Kumar on vital part of his body and that caused an injury which is though simple in nature but considering the kind of weapon used by the petitioner, he had not been granted privilege of pre-arrest bail by this Court. 6. Having regard to the submissions noted hereinabove, finding that this is a regular bail application, the injury allegedly caused to the victim is simple in nature and there is no allegation of repetition of blow on Mithilesh Kumar who was allegedly assaulted by this petitioner and further that the investigation is complete, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Paharpur P.S. Case No. 446 of 2022, subject to the condition as laid down under Section 480(3) of Bhartiya Nagarik Suraksha Sanhita, 2023. 7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his Patna High Court CR. MISC. No.11438 of 2025(2) dt.05-03-2025 4/4 criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. 8. This application stands allowed. SUSHMA2/- (Rajeev Ranjan Prasad, J) U T