IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17408 of 2025 Arising Out of PS. Case No.-67 Year-2024 Thana- KHANPURA District- Samastipur ====================================================== 1. Arvind Kumar Mahto @ Pappu Kumar Mahto, S/O Late Kapileshwar Mahto, R/O Village - Bhorejairam, P.S- Khanpur, Distt.- Samastipur (Bihar). 2. Santosh Kumar @ Santosh Kumar Mahto @ Sontash Kumar, S/O Late Kapileshwar Mahto, R/O Village - Bhorejairam, P.S- Khanpur, Distt.- Samastipur (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhav Kumar, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 14-05-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Khanpur P.S. Case No. 67 of 2024, registered for the offences punishable under Sections 341, 342, 323, 324, 325, 307, 354, 427, 436, 504, 506 and 34 of the Indian Penal Code. 3. Based upon the written report the prosecution alleges that when the informant went to the house of his sister, eleven named accused persons and 15 unknown persons armed with weapon came there and started assaulting his sister and the brother-in-law by means of lathi and sword. It is specifically alleged that on account of the assault being made by accused Patna High Court CR. MISC. No.17408 of 2025(3) dt.14-05-2025 2/3 persons, his sister has sustained fracture injuries over her waist and ribs, whereas the brother-in-law has sustained incise injury over his face. The accused persons also looted jewelleries and valuables worth Rs. 5,00,000/- and ransacked the entire documents which were kept there. 4. Learned Advocate appearing on behalf of the petitioners contended that the occurrence which is alleged to have taken place on 21.04.2024, the present FIR came to be lodged on 23.04.2024, without there being any explanation of delay, further the FIR was sent to the learned jurisdictional Court on 06.05.2024 after a delay of 12 days and, as such, deliberation and false implication of the petitioner cannot be ruled out. There is omnibus nature of allegation against all the FIR named accused persons and moreover, subsequent to the lodging of the FIR, the petitioners side also instituted an FIR being Khanpur P.S. Case No. 100 of 2024. It is further contended that other co-accused persons who are also facing identical allegation, they have been allowed the privilege of anticipatory bail by a Bench of this Court in Criminal Miscellaneous No. 80853 of 2024, vide order dated 10.12.2024. The petitioners are men of fair antecedent and they undertake before this Court that they will fully cooperate in the proceeding. Patna High Court CR. MISC. No.17408 of 2025(3) dt.14-05-2025 3/3 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that because of the assault made by the petitioners and other, the injured has sustained grievous injury. 6. Regard being had to the submissions made on behalf of the parties and considering the delay in lodging of the FIR and the omnibus nature of allegation, coupled with the fact that the case of the petitioners are based on parity, 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 Judicial Magistrate First Class, Samastipur in connection with Khanpur P.S. Case No. 67 of 2024, 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