IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35655 of 2026 Arising Out of PS. Case No.-74 Year-2026 Thana- KALYANPUR District- Samastipur ====================================================== 1. Mukesh Mahto S/o Surendra Mahto R/o Village - Purushottampur, P.O and P.S - Kalyanpur, District - Samastipur 2. Chandan Mahto S/o Surendra Mahto R/o Village - Purushottampur, P.O and P.S - Kalyanpur, District - Samastipur 3. Mithlesh Mahto S/o Surendra Mahto R/o Village - Purushottampur, P.O and P.S - Kalyanpur, District - Samastipur 4. Heera Mahto S/o Surendra Mahto R/o Village - Purushottampur, P.O and P.S - Kalyanpur, District - Samastipur 5. Surendra Mahto S/o Doman Mahto R/o Village - Purushottampur, P.O and P.S - Kalyanpur, District - Samastipur 6. Dharmendra Mahto S/o Doman Mahto R/o Village - Purushottampur, P.O and P.S - Kalyanpur, District - Samastipur 7. Rupesh Mahto S/o Doman Mahto R/o Village - Purushottampur, P.O and P.S - Kalyanpur, District - Samastipur 8. Ajay Mahto S/o Upendra Mahto R/o Village - Purushottampur, P.O and P.S - Kalyanpur, District - Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Kumar, Adv For the Opposite Party/s : Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 3 23-07-2026 Heard the parties. 2. The petitioners are named in the F.I.R. and apprehending their arrest in connection with Kalyanpur P.S. Case No.74/2026 registered for the offences punishable under Sections 126(2), 115(2), 109, 74, 352, 303(2), 326(F) and 3(5) of the BNS. 3. The allegation against petitioners is to assault the informant and other during the course of occurrence through bricks and iron rod etc., causing head and bodily injuries, having intention Patna High Court CR. MISC. No.35655 of 2026(3) dt.23-07-2026 2/3 to cause their death, where occurrence alleged to be arising out of neighborhood disputes and differences. 4. It is submitted by learned counsel appearing on behalf of the petitioners that present occurrence appears free fight in nature, where both parties received injuries, therefore, it cannot be said that petitioners were under intention to cause death of the injured informant and other injured persons. It is submitted that for the same set of occurrence petitioner’s side also lodged a case, which has been registered as Kalyanpur P.S. Case No.79/2026. It is further submitted that nature of injuries upon medical examination found simple in nature except one on Anuthiya Devi, who was specifically alleged to be assaulted by Ajay Mahto during the occurrence. In this connection, it is further submitted that specific allegation of assault is only available against Ajay Mahto, whereas no such allegation is specifically available against rest of the petitioners. It is submitted that injury as alleged to be caused by Ajay Mahto appears non- repeated and on the non-vital part of the body, therefore, it can be said safely that Ajay Mahto was not under intention to cause death of injured Anuthiya Devi. It is also pointed out that Deepak Mahto who alleged to assault using iron rod is not the petitioner for the present. All petitioners claimed clean antecedent. 5. Learned APP opposes the prayer of bail. 6. In view of aforesaid factual submission and by taking note of fact as there is specific allegation against petitioner Patna High Court CR. MISC. No.35655 of 2026(3) dt.23-07-2026 3/3 Ajay Mahto, who caused assault on informant repeatedly during the occurrence causing grievous injury on her, accordingly prayer of anticipatory bail of petitioner no. 8 namely Ajay Mahto, stands rejected. 7. However, as allegation against rest of the petitioners is very much general and omnibus in nature, prima-facie without allegation that they were indulged in assault, which is specifically available against co-accused Ajay Mahto and Deepak Mahto, accordingly above named petitioner no. 1 to petitioner no. 7, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Samastipur/concerned Court, where the case is pending in connection with Kalyanpur P.S. Case No.74/2026, subject to the conditions as laid down under Section 482(2) of BNSS. S.Tripathi/- (Chandra Shekhar Jha, J) U T