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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1528 of 2026 Arising Out of PS. Case No.-176 Year-2019 Thana- BENIPATTI District- Madhubani ======================================================
1. Dasarath Mahto S/o Ramchandra Mahto @ Ram Chandra Mahto R/o Village - Basaitha, P.S - Benipatti, District - Madhubani
2. Gulab Mahto S/o Ramchandra Mahto @ Ram Chandra Mahto R/o Village - Basaitha, P.S - Benipatti, District - Madhubani
3. Anil Kumar Sah S/o Upendra Sah @ Opi Mahto R/o Village - Basaitha, P.S - Benipatti, District - Madhubani
4. Ratan Mahto S/o Ramavatar Mahto @ Lakhan Mahto @ Ramantur Mahto R/o Village - Basaitha, P.S - Benipatti, District - Madhubani
5. Rambabu Mahto S/o Pachchu Mahto @ Pachh Mahto R/o Village - Basaitha, P.S - Benipatti, District - Madhubani
6. Rambharojh Mahto @ Rambharosh Mahto S/o Ramavatar Mahto @ Lakhan Mahto @ Ramavtar Mahto R/o Village - Basaitha, P.S - Benipatti, District - Madhubani
7. Jibachh Mahto S/o Lakhan Mahto @ Lakshan Mahto R/o Village - Basaitha, P.S - Benipatti, District - Madhubani
8. Mithilesh Mahto S/o Sushil Mahto @ Ramavtar Mahto R/o Village - Basaitha, P.S - Benipatti, District - Madhubani
9. Ram Surat @ Ram Suraj Mahto S/o Ram Autar Mahto @ Ramavtar Mahto R/o Village - Basaitha, P.S - Benipatti, District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Subhash Kumar Jha, Advocate For the State : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 06-04-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. After some arguments, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail
Patna High Court CR. MISC. No.1528 of 2026(3) dt.06-04-2026 2/4 application on behalf of Petitioner No. 3, namely Anil Kumar Sah. 3. Permission, as prayed for, is accorded. 4. Accordingly, this anticipatory bail application with regard to Petitioner No. 3 stands dismissed as withdrawn. 5. Petitioner Nos. 1, 2, 4, 5, 6, 7, 8 and 9 apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. 6.
As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, abused and assaulted husband and father-in-law of the informant. It is specifically alleged that Petitioner No. 2, namely Gulab Mahto, assaulted on he finger of father-in-law of the informant with iron rod. It is further alleged that the accused persons also snatched gold chain from neck of husband and father-in-law of the informant. 7. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case with ulterior motive. From bare perusal of the F.I.R. it is apparent that Petitioner Nos. 1, 4, 5, 6, 7, 8 and
Patna High Court CR. MISC. No.1528 of 2026(3) dt.06-04-2026 3/4 9 are only alleged to be members of the mob and there is absolutely no allegation of any overt act against them. It is further submitted that Petitioner No. 2 is said to have assaulted on the finger of father-in-law of informant with iron rod but there is no injury report on record of the said part to substantiate the allegations. Petitioners claim clean antecedents. 8. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 9. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to Petitioner Nos. 1, 2, 4, 5, 6, 7, 8 and 9 is allowed. 10. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner Nos. 1, 2, 4, 5, 6, 7, 8 and 9 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 learned A.C.J.M., Benipatti, District- Madhubani in connection with Benipatti P.S. Case No. 176 of 2019, subject to condition as laid down under Section 482(2) of the B.N.S.S.. Patna High Court CR. MISC. No.1528 of 2026(3) dt.06-04-2026 4/4
11. With the aforesaid directions, this application stands disposed of. shashank/- (Prabhat Kumar Singh, J) U T