IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5074 of 2026 Arising Out of PS. Case No.-237 Year-2025 Thana- AURAI District- Muzaffarpur ====================================================== 1. Asha devi W/o Ramashish mahto R/o of village Prem Nagar Bhalura, P.S.- Aurai, District- Muzaffarpur 2. Rubi Kumari D/o Ramashish Mahto R/o of village Prem Nagar Bhalura, P.S.- Aurai, District- Muzaffarpur 3. Kundan Mahto @ Kundan Kumar S/o Ramashish Mahto R/o of village Prem Nagar Bhalura, P.S.- Aurai, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Madhura Nand Jha, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 04-02-2026 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. 2. The petitioners are apprehending arrest in connection with Aurai P.S. Case No. 237 of 2025 lodged on 08.11.2025, for the offence punishable under Section 126(2), 127(2), 115(2), 118(1), 109, 324(2), 303(2) 352, 351(2), 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution, FIR has been lodged against six named accused persons including the present petitioners. It has been alleged in the FIR that when the informant’s son (Ganesh Mahto) was returning to his house then all the accused persons came and started abusing him with regard to Rs.2 lacs given by the informant some years ago. Then, the accused Patna High Court CR. MISC. No.5074 of 2026(2) dt.04-02-2026 2/4 Chandan Mahto assaulted the informant’s son by iron dabiya on his head and when the informant and his second son went to rescue then, accused person Ramashish Mahto assaulted the informant by iron dabiya on his head. Thereafter, accused Kundan Kumar (petitioner no.3) also assaulted the informant’s second son with iron dabiya, due to which injury has been caused. It has also been alleged that a golden locket was also snatched and the household articles were also scattered. Then the villagers came and called the police and with the help of police, the informant and his sons were rescued. 4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. Counsel submits that the petitioners and the informant are co- villagers and the dispute is regarding return of loan. Counsel submits that there is a case and counter case from both the sides. Counsel submits that the petitioner no.3 has lodged Complaint Case No. 45 of 2025 against the informant’s side. Counsel submits that the allegation of assault is there, but all the injuries are simple in nature. He further submits that the petitioners have no criminal antecedent. Counsel submits that out of three petitioners, two are ladies and one is a younger member of the family aged about 21 years, having no specific allegation, rather, Patna High Court CR. MISC. No.5074 of 2026(2) dt.04-02-2026 3/4 general and omnibus allegation is there. Counsel further submits that the antecedent of the informant’s side is not clean. Some of the persons from the informant’s side are accused under POCSO Act. In this regard, he has stated the same in para 10 and 11 of the bail application. Counsel submits that the petitioners are ready to fulfill all the conditions whatsoever shall be imposed upon them. 5. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the injuries are there which is apparent from the FIR as well as from the rejection order. Counsel submits that upon petitioner no.3, there is a specific allegation that he has assaulted the informant’s son Dinesh Mahto on his head by iron dabiya. 6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that from the record, it transpires that there is a case and counter case from both the sides and the specific allegation is against petitioner no.3. The petitioner nos.1 and 2 are ladies, having no specific allegation. 7. As such, in the present facts and circumstances of this case, let the petitioner no.1 namely, Asha devi and petitioner no.2 namely, Rubi Kumari be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a Patna High Court CR. MISC. No.5074 of 2026(2) dt.04-02-2026 4/4 period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Judicial Magistrate 1st Class (East), Muzaffarpur, in connection with Aurai P.S. Case No. 237 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. 8. So far as petitioner no. 3 namely, Kundan Mahto @ Kundan Kumar is concerned, this Court is not inclined to grant bail to him. Accordingly, the prayer for anticipatory bail of the petitioner no. 3 is hereby rejected. However, liberty is hereby granted that if, petitioner no. 3 surrenders before the concerned Trial Court within a period of 4 weeks from today, then in that case, the Trial Court is directed to pass order on his surrender- cum-bail application on the same day, without being prejudice that the anticipatory bail of the petitioner no. 3 has been rejected by this Court and the Trial Court shall pass order on the merit of this case. Divyansh/- (Dr. Anshuman, J) U T