Allowed¶23

Chitan Mahto v. The State of Bihar

Patna HC23 Apr 2025CR. MISC./22788/2025

Case brief

AI extract

What is this about?

Regular bail — Patna High Court — CR. MISC. No.22788 of 2025 — order dated 23-04-2025 — Ramesh Chand Malviya, J. — B.N.S Sections 126(2), 115(2), 109, 352, 3(5) — Banjariya P.S. Case No. 376 of 2024, District East Champaran — general and omnibus allegation — no specific allegation — case and counter case — no criminal antecedent — grievous injury by hard and blunt substance — custody since 24.11.2024 — bail bonds Rs.10,000/- each with two sureties — Judicial Magistrate-1st Class, East Champaran, Motihari.

What did the court decide?

Both petitioners released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-1st Class, East Champaran, Motihari, in connection with Banjariya P.S. Case No.376 of 2024. ¶23

Chitan Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, in custody since 24.11.2024 in connection with Banjariya P.S. Case No. 376 of 2024 for offences under Sections 126(2), 115(2), 109, 352, 3(5) of B.N.S, should be released on bail.

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Ratio / Principle

The Court granted bail taking into account the facts and circumstances of the case, the submissions of learned counsel for the petitioners, and the fact that the petitioners have no criminal antecedent as stated in para-3 of the bail petition.

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Key takeaways

Both petitioners were ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-1st Class, East Champaran, Motihari, in connection with Banjariya P.S. Case No.376 of 2024.ratio¶23

Detailed headnote1 paragraphs

BAIL GRANTED — Petna High Court (Ramesh Chand Malviya, J.), Criminal Miscellaneous No.22788 of 2025, oral order dated 23-04-2025: petitioners Chitan Mahto and Birendra Mahto, in custody since 24.11.2024 in Banjariya P.S. Case No. 376 of 2024 (Dist. East Champaran) for offences punishable under Sections 126(2), 115(2), 109, 352, 3(5) of B.N.S, enlarged on bail. Allegations: petitioners with co-accused abused the informant and his son over cutting of bamboos and gave a garasi blow; petitioner no.2 alleged to have snatched a gold chain. Defence submissions: false implication, general and omnibus allegations with no specific allegation, case and counter case between the parties, injuries recorded in the impugned order (abrasions on forearm and head) described as grievous caused by hard and blunt substance, and no criminal antecedent (para-3 of bail petition); learned APP opposed. Court, considering the facts and circumstances, the counsel's submissions and the absence of criminal antecedent, directed release on bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st Class, East Champaran, Motihari.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22788 of 2025

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Arising Out of PS. Case No.-376 Year-2024 Thana- BANJARIA District- East Champaran

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======================================================

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Chitan Mahto S/O Bijli Mahto @ Bigal Mahto R/O Vill.- Beladih, P.S.- Banjariya, Dist.- East Champaran

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Birendra Mahto @ Virendra Mahto S/O Chitan Mahto R/O Vill.Beladih, P.S.- Banjariya, Dist.- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr .Suraj Kumar Tiwari, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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2 23-04-2025

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Heard learned counsel for the petitioners and

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learned APP for the State.

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Petitioners are in custody in a case registered for an offence punishable under Sections 126(2), 115(2), 109, 352, 3(5) of B.N.S in connection with Banjariya P.S. Case No. 376 of 2024.

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As per the prosecution story, informant gave his written statement before the S.H.O, Banjariya Police Station that at about 09:00 o’ clock, petitioners along with other co-accused person went to the bamboo orchard for

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cutting the bamboos when informant along with his son went there to stop them then the petitioners with other co-

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Patna High Court CR. MISC. No.22788 of 2025(2) dt.23-04-2025 2/3

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accused persons started abusing the informant and his son and also gave a Garasi blow after which informant called to 112, thereafter, his son was taken to the hospital for treatment. It is also alleged that petitioner no.2 has also snatched a gold chain from his son and kept it in his pocket.

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Learned counsel for the petitioners submits that petitioner are quite innocent and they have falsely been implicated in this case. He further submits that there is no any specific allegation against the petitioner rather there is general and omnibus allegation against them. Petitioners are in custody since 24.11.2024. He further submits that allegation as levelled against both the petitioners are false and fabricated. He further submits that there is case and counter case between the parties. He further submits that from perusal of the impugned order it appears that injuries sustained by the injured person is (1). abrasion on forearm (Lt. Hand between middle finger and index ring finger) (2). abrasion head (medially on parietal bone) and nature of the injury is grievous which has been caused by hard and blunt substance. He further submits that both petitioners have got no criminal antecedent as stated in paragraph - 3 of the

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Patna High Court CR. MISC. No.22788 of 2025(2) dt.23-04-2025 3/3

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bail petition.

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Learned APP for the State opposes the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances of the case, submission of the learned counsel for the petitioners as well as the fact that petitioners have got no criminal antecedent as stated in para-3 of the bail petition, let the above named petitioners be released on bail, on their furnishing bail bonds of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st, Class, East Champaran, Motihari, in connection with Banjariya P.S. Case No.376 of 2024.

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(Ramesh Chand Malviya, J)

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Harshita/- U T

Chitan Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chitan Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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