PHAGU MAHTO ALLIAS FAGU MAHTO v. STATE OF JHARKHAND
A.B.A./6862/2025 · 2025-12-04
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32091 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32091 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:36400 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ABA No.6862 of 2025
1. Phagu Mahto @ Fagu Mahto, aged about 45 years, son of Mansa Ram Mahto, Resident of Pipra, P.O. Pipra, P.S. Godda, District Godda.
2. Vikash Kumar Mahto @ Bikash Kumar Mahto, aged about 23 years;
3. Sudesh Kumar Mahto, aged about 20 years; Petitioner no. 2 and 3 are sons of Rajaram Mahto, Resident of Village Kohwara, P.O. Pathargama, P.S. Kobhara, District Godda.
…. Petitioners
Versus The State of Jharkhand
… Opp. Party
--------
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioners : Mrs. Jasvindar Mazumdar, Advocate For the State
: Mrs. Lily Sahay, A.P.P. ------
2/04.12.2025 Heard learned counsel appearing on behalf of Petitioners and
learned counsel appearing on behalf of the State.
2. The petitioners are apprehending their arrest in connection with Pathargama P.S. Case No. 108 of 2025 registered under Sections 126(2), 115 (2) 118(1), 191(2), 190, 303(2), 352, 109, 76 and 3(5) of Bhartiya Nyaya Sanhita, 2023, now the case is pending in the court of Sub-Divisional Judicial Magistrate, Godda.
3.
Learned counsel appearing for the petitioners submits that there are case and counter case between the parties and there is land dispute between both the sides. She also submits that so far, the allegation of assault is there, that is against Narsingh Mahto, Bhanu Prakash Mahto, Manish Mahto and Kundan Mahto and the molestation allegation is there against Narsingh Mahto and Bhanu Prakash Mahto. She also submits that so far these petitioners are concerned, there are general and omnibus allegation against them.
4.
Learned counsel appearing for the State opposed the prayer and
2025:JHHC:36400 2
submits that the allegations of assaults are there.
5. Looking into the contents of the FIR, it transpires that there is direct allegation of assault against Narsingh Mahto, Bhanu Prakash Mahto, Manish Kumar Mahto and Kundan Mahto and the molestation allegation is there against Narsingh Mahto and Bhanu Prakash Mahto. So far, these petitioners are concerned, there is general and omnibus allegation. In view of that, I am inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners above named are directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of their surrender / arrest, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) each with two sureties of the like amount of each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Godda, in connection with Pathargama P.S. Case No. 108 of 2025, subject to the condition as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
7. This Anticipatory Bail Application is accordingly allowed and
disposed of.
(Sanjay Kumar Dwivedi, J.) 04.12.2025 R.Kumar