IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36770 of 2025 Arising Out of PS. Case No.-507 Year-2024 Thana- MALSALAMI District- Patna ====================================================== 1. Sunita Devi W/O Bhushan Mahto R/O Vill./ Mohalla- Simali Sahdara Yamunapur, P.s.- Malsalami, Dist.- Patna 2. Manti Devi @ Malti Devi W/O Jawahar Mahto R/O Vill./ Mohalla- Simali Sahdara Yamunapur, P.s.- Malsalami, Dist.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 48219 of 2025 Arising Out of PS. Case No.-507 Year-2024 Thana- MALSALAMI District- Patna ====================================================== 1. Jawahar Mahto S/O Manik Mahto R/O Mohalla- Simli Sahadra Jamunapur, P.S.- Malsalami, District- Patna 2. Bhushan Mahto S/O Jawahar Mahto R/O Mohalla- Simli Sahadra Jamunapur, P.S.- Malsalami, District- Patna 3. Rajesh Kumar S/O Jawahar Mahto R/O Mohalla- Simli Sahadra Jamunapur, P.S.- Malsalami, District- Patna 4. Rajan Mahto @ Rajan Kumar @ Ranjan Kumar S/O Jawahar Mahto R/O Mohalla- Simli Sahadra Jamunapur, P.S.- Malsalami, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 36770 of 2025) For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, APP (In CRIMINAL MISCELLANEOUS No. 48219 of 2025) For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 19-08-2025 Heard Mr. Pramod Kumar, learned counsel for the Patna High Court CR. MISC. No.36770 of 2025(3) dt.19-08-2025 2/4 petitioners and Mr. Choubey Jawahar, learned APP for the State. 2. The petitioners seek bail in connection with Malsalami P.S. Case No. 507 of 2024 instituted for the offence under Sections 191(2), 329(4), 190, 109, 117(2), 303(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. On 31.10.2024, a group of accused persons armed with lathi, iron rod, knife, and pistol entered the informant’s house, assaulted her husband, and injured Chetan Mahto, causing a fracture in his right hand. The assailants also looted household property. The incident arose out of a land dispute between the families of Anmol Mahto and Jawahir Mahto over jointly purchased land. 4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 18-04-2025. Petitioners, namely, Sunit Devi and Manti Devi bear no criminal antecedent, whereas petitioner, namely Jawahar Mahto bears one criminal antecedent, whereas petitioner, namely, Bhushan Mahto bears two criminal antecedents, whereas petitioners, namely, Rajesh Kumar and Rajan Mahto bear no criminal antecedent. 5. It has been further submitted by the petitioners’ counsel that petitioners have been falsely implicated in the present case. There is no specific allegation against the Patna High Court CR. MISC. No.36770 of 2025(3) dt.19-08-2025 3/4 petitioners, rather same is general and omnibus in nature. There is delay of four days in lodging the FIR, which creates doubt about the veracity of the prosecution case. There is subsisting land dispute between the parties, which is evident from bare perusal of the FIR itself. Injury of the injured is found to be grievous in nature and there is no specific attribution against any accused person. Police after completion of investigation has submitted charge sheet in this case. 6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, there being land dispute between the parties and charge sheet being submitted, this Court is inclined to grant bail to the petitioners. 8. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteeen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Malsalami P.S. Case No. 507 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners. (II) The petitioners shall appear on each and every date Patna High Court CR. MISC. No.36770 of 2025(3) dt.19-08-2025 4/4 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners. Raj Kishore/- (Rudra Prakash Mishra, J) U T