Santosh Mahto @ Santosh Kumar v. The State of Bihar
CR. MISC./83491/2024 · 2025-02-06
Prabhat Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84498 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84498 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83491 of 2024 Arising Out of PS. Case No.-140 Year-2024 Thana- RIVILGANJ District- Saran ======================================================
1. Santosh Mahto @ Santosh Kumar S/O Late Gorakh Mahto R/O Village- Godna Braham Toli, Police Station- Rivilganj, District- Saran, Chapra
2. Raj Narayan Mahto S/O Late Shrideo Mahto R/O Village- Godna Braham Toli, Police Station- Rivilganj, District- Saran, Chapra
3. Meera Devi W/O Late Gorakh Mahto R/O Village- Godna Braham Toli, Police Station- Rivilganj, District- Saran, Chapra
4. Reena Devi W/O Raj Narayan Mahto R/O Village- Godna Braham Toli, Police Station- Rivilganj, District- Saran, Chapra
5. Jyoti Devi W/O Late Shrideo Mahto R/O Village- Godna Braham Toli, Police Station- Rivilganj, District- Saran, Chapra
6. Sangeeta Devi W/O Munna Mahto R/O Village- Godna Braham Toli, Police Station- Rivilganj, District- Saran, Chapra
7. Laxmi Devi @ Laxmi Mahato W/O Santosh Mahto @ Santosh Kumar R/O Village- Godna Braham Toli, Police Station- Rivilganj, District- Saran, Chapra
8. Tara Muni Devi @ Nayan Tara Devi @ Naytara Devi D/O Late Gorakh Mahto, W/O Suresh Mahto R/O Village- Godna Braham Toli, Police Station- Rivilganj, District- Saran, Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Surendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 06-02-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504, 506 of the Indian Penal Code. Patna High Court CR. MISC. No.83491 of 2024(3) dt.06-02-2025 2/3
3. As per prosecution case, these petitioners and other F.I.R. named accused persons assaulted father of informant by means of lathi, dab, garasi. Petitioner No. 1 is alleged to have assaulted informant with farsa and co-accused Guddu assaulted informant by means of iron rod. 4. Learned counsel appearing for the petitioners submits that specific accusation of assault is against petitioner No. 1. So far rest of the petitioners are concerned, allegation against them is general and omnibus and there is no allegation of specific overt act against them. Case and counter case. Petitioners claim clean antecedent. 5.
Learned counsel for the State opposed the bail application and submits that petitioner No. 1 assaulted informant with farsa as a result of which he sustained grievous injury. 6. In view of the fact that petitioner No. 1 caused grievous injury, prayer for anticipatory bail of petitioner No. 1 is refused. 7. However, considering the nature of accusation against petitioner Nos. 2 to 8, the anticipatory bail with regard to petitioner Nos. 2 to 8 is allowed and it is ordered that the above named petitioner Nos. 2 to 8 in the event of their
Patna High Court CR. MISC. No.83491 of 2024(3) dt.06-02-2025 3/3 arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Saran at Chapra in connection with Rivilganj P. S. Case No. 140 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Navya/- (Prabhat Kumar Singh, J) U T