IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83606 of 2025 Arising Out of PS. Case No.-161 Year-2025 Thana- HARLAKHI District- Madhubani ====================================================== 1. Pramod Mahto @ Ram Prabodh Mahto S/o Late Sakhilal Mahto @ Sarbilal Mahto R/o Village- Gangaur, PS- Harlakhi, District- Madhubani 2. Vijay Mahto @ Vijay Kumar S/o Sita Ram Mahto R/o Village- Gangaur, PS- Harlakhi, District- Madhubani 3. Sunita Devi W/o Pramod Mahto @ Ram Prabodh Mahto R/o Village- Gangaur, PS- Harlakhi, District- Madhubani 4. Deokala Devi W/o Vijay Mahto @ Vijay Kumar R/o Village- Gangaur, PS- Harlakhi, District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Prakash, Adv. For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 06-01-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Harlakhi P.S. Case No. 161 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the B.N.S. 3. Allegedly in the afternoon of the fateful day, while the informant went to her field, in the meanwhile, the petitioners along with others started abusing and when the protest was made, all of them armed with lathi and hasua came there and Patna High Court CR. MISC. No.83606 of 2025(2) dt.06-01-2026 2/3 assaulted, due to which the informant sustained a cut injury in her finger. 3. Learned Advocate for the petitioners referring to the FIR contended that the alleged occurrence took place on 03.06.2025, bur surprisingly, the present FIR came to be instituted on 16.06.2025, without there being any explanation for delay. So far the injury, which is allegedly sustained to the informant is concerned, there is no discussion in the impugned order and prima facie it appears to be simple in nature. There is counter version of the present case being Harlakhi P.S. Case No. 171 of 2025, instituted against the informant and others. The parties are also bickering over a land dispute and, as such, false implication of the petitioners cannot be ruled out. Moreover, the petitioners bear fair antecedent. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that all the petitioners have actively participated in the crime. 6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the nature of allegation, coupled with the absence of any discussion of the injury in the impugned order, besides the fair antecedent of the petitioners as well as the factum of case and Patna High Court CR. MISC. No.83606 of 2025(2) dt.06-01-2026 3/3 counter case, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Benipatti, Madhubani in connection with Harlakhi P.S. Case No. 161 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners. shivank/- (Harish Kumar, J) U T