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2025 DAILYLAW 99758 (PAT)

Abhishek Kumar Mahto @ Abhishek Kumar v. The State of Bihar

CR. MISC./63013/2025 · 2025-09-22

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63013 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- EKMA District- Saran ====================================================== 1. Abhishek Kumar Mahto @ Abhishek Kumar S/O Shanker Mahto R/O Village- Bhodsa KeTola, Balau, P.S- Ekma, Distt.- Siwan, Bihar- 841244. 2. Vishal Kumar @ Vishal Mahto S/O Kamala Mahto R/O Village- Balau, P.S- Ekma, Distt.- Siwan, Bihar- 841244. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar For the Opposite Party/s : Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 22-09-2025 Heard learned counsel for the parties. 2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, petitioner no.1 stabbed the informant and there is no specific allegation of assault against petitioner no.2. Doctor has found grievous injury. Petitioners claim clean antecedent. 4. Learned counsel for the State opposes the prayer for pre-arrest bail. 5. Considering the nature of injury caused by petitioner no.1, his prayer for bail is rejected. Patna High Court CR. MISC. No.63013 of 2025(3) dt.22-09-2025 2/2 6. Since no specific overt act has been alleged against petitioner no.2, his prayer for bail is allowed. In the event of arrest/surrender within eight weeks from today, let petitioner no. 2 mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Saran at Chapra in Ekma Police Station Case No. 97 of 2025, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. shashi/- (Prabhat Kumar Singh, J) U T