IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51477 of 2025 Arising Out of PS. Case No.-333 Year-2023 Thana- DARAUNDA District- Siwan ====================================================== 1. Chandragupt Mahto S/o Late Ragho Mahto @ Raghab Mahto Resident of vill-Jalalpur, PS- Daraundha, Dist- Siwan 2. Vijay Mahto @ Vijay Kumar Mahto S/o Badhsah Mahto Resident of vill- Jalalpur, PS- Daraundha, Dist- Siwan 3. Ashmesh Mahto @ Ashimesh Kumar Mahto S/o Chandragupt Mahto Resident of vill-Jalalpur, PS- Daraundha, Dist- Siwan 4. Avinandan Mahto @ Abhinandan Kumar Mahto S/o Suresh Mahto Resident of vill-Jalalpur, PS- Daraundha, Dist- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Kumari Anupam For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 28-08-2025 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The defects as pointed out by the office is hereby ignored. 3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504 and 34 of the Indian Penal Code. 4. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and from perusal of the allegation as alleged in the FIR, it would manifest that Patna High Court CR. MISC. No.51477 of 2025(2) dt.28-08-2025 2/3 informant alleges that while he was returning after attending the call of nature, when he was intercepted by the accused persons including the petitioners, who started abusing him and assaulted with hockey, lathi, labada etc. causing injury on head, mouth and waist, further the occurrence took place as the accused were harbouring grudge against his younger brother Sonu Kumar, who works at Bengaluru. 5. Learned counsel submits that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of assault is not specific rather is general and omnibus in nature. It is also submitted that the injury suffered by the injured is simple in nature as pleaded at Para-12 of the anticipatory bail application. It is next submitted that had the injured been assaulted in the manner as alleged in the FIR by the accused persons in that event the injuries would not have been opined to be simple in nature, it is thus submitted that no offence under Section 307 of the Indian Penal Code is made out against the petitioners. 6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 7. Considering the submissions made by the learned counsel for the petitioners and also taking into consideration the Patna High Court CR. MISC. No.51477 of 2025(2) dt.28-08-2025 3/3 fact that petitioners are persons with clean anttecedent, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Daraundha P.S. Case No.333/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. amit/- (Satyavrat Verma, J) U T