Allowed¶25

Anand Mahto v. The State of Bihar

Patna HC15 Apr 2025CR. MISC./9859/2025

Case brief

AI extract

What is this about?

Keywords: regular bail; Patna High Court; Criminal Miscellaneous No.9859 of 2025; West Champaran; Bettiah; Bairiya P.S. Case No. 226 of 2024; IPC ss.126, 115(2), 109, 103 read with Section 3(5) (as printed); mango orchard incident; assault with iron rod; Sahabuddin Gaddi; co-accused Virendra/Birendra Mahto; custody since 05.07.2024; bail-bond Rs.20,000; attendance condition; counsel Raki Alam; counsel Umesh Kumar Gupta; APP Tarun Prasad Mandal; Justice Chandra Prakash Singh.

What did the court decide?

Enlargement on regular bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, West Champaran, Bettiah, in connection with Bairiya P.S. Case No. 226 of 2024, subject to the condition of physical presence before the court below on every date.

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

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the petitioner, implicated in Bairiya P.S. Case No. 226 of 2024 for offences u/ss 126, 115(2), 109, 103 read with Section 3(5) of the Indian Penal Code (as printed), is entitled to regular bail.

¶14

Court's answer

Having considered the facts and circumstances of the case and the period of custody, the Court directed the petitioner to be enlarged on regular bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each.

¶20

Ratio / Principle

Bail is conditional on the petitioner remaining physically present before the learned court below on each and every date; the bail bond is liable to be cancelled if he remains absent on two consecutive dates without reasonable cause.

¶24

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.9859 of 2025 (order dated 15-04-2025), Chandra Prakash Singh, J.: Regular bail granted to petitioner Anand Mahto in connection with Bail Petition No. 2927/2024 arising out of Bairiya P.S. Case No. 226 of 2024 dated 03.07.2024, registered for offences u/ss 126, 115(2), 109, 103 read with Section 3(5) of the Indian Penal Code (reference reproduced as printed). Petitioner stated to be in custody since 05.07.2024; charge-sheet submitted. Bail ordered on bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, West Champaran, Bettiah; condition imposed that the petitioner remain physically present before the court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9859 of 2025

¶2

Arising Out of PS. Case No.-226 Year-2024 Thana- BAIRIYA District- West Champaran

¶3

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

¶4

Anand Mahto S/O Rameshwar Mahto R/O Vill.- Siswa Saraiya, P.S.- Bairiya, Dist.- West Champaran.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar Bihar

¶8

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raki Alam, Adv. For the informant : Mr. Umesh Kumar Gupta, Adv. For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

¶9

ORAL ORDER

¶10

2 15-04-2025

¶11

Heard learned counsel for the petitioner, learned

¶12

counsel for the informant and learned A.P.P for the State.

¶13

2. The petitioner has preferred this application for

¶14

grant of regular bail in connection with Bail Petition No. 2927/2024 arising out of Bairiya P.S. Case No. 226 of 2024 dated 03.07.2024 registered for the offences punishable u/ss 126, 115(2), 109, 103 read with Section 3(5) of the Indian Penal Code.

¶15

3. As per the prosecution case, on 03.07.2024, the petitioner and the co-accused persons are alleged to have come in the Mango orchard of the informant and started plucking the Mango which was forbidden by the informant’s son Sahabuddin Gaddi then the petitioner slammed Sahabuddin Gaddi on pucca

¶16

Patna High Court CR. MISC. No.9859 of 2025(2) dt.15-04-2025 2/3

¶17

road and the co-accused, Virendra Mahto assaulted him with iron rod causing injury to him. Thereafter, the injured was taken to the hospital for treatment.

¶18

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner rather the specific allegation of assaulting with iron rod on Sahabuddin is against the co-accused, Birendra Mahto. Nothing has been recovered from the conscious possession of the petitioner. The charge-sheet has been submitted against the petitioner. As per the Post-mortem report of the deceased, the injury was found on the person of the deceased and the cause of death is due to said injury caused by hard and blunt object. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.07.2024.

¶19

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

¶20

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

¶21

Patna High Court CR. MISC. No.9859 of 2025(2) dt.15-04-2025 3/3

¶22

the like amount each to the satisfaction of learned Court concerned, West Champaran, Bettiah in connection with Bairiya

¶23

P.S. Case No. 226 of 2024 with the condition :-

¶24

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

¶25

7. The application stands allowed.

¶26

(Chandra Prakash Singh, J)

¶27

Gautam/-

¶28

U T

Anand Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anand 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

Case details

Similar cases

Sanjeet Ram Vs The State of Bihar

Sintu Kumar @ Chhotu Kumar Vs The State of Bihar

Nirmal Ray Vs the State of Bihar

Neetish Kumar Singh @ Neetish Kumar Vs The Union of India through the Senior Intelligence Officer, Directorate of Revenue Intelligence

Chhotu Kumar Vs The State of Bihar

Shashikant Paswan @ Shashikan Paswan Vs The State of Bihar