Patna High Court – Orders
Amar Kumar Mahto @ Amar Kumar vs The State Of Bihar on 19 August, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21774 of 2025
Arising Out of PS. Case No.-476 Year-2022 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
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Amar Kumar Mahto @ Amar Kumar S/o Satyendra Mahto R/o Village-
Chhatauna, P.S.- Samastipur Muffasil, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Adv
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 19-08-2025
Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with
Samastipur Muffasil P.S. Case No. 476 of 2022 registered for
the offences under Sections 341, 323, 324, 326, 307,
379/34 and 120(B) of the Indian Penal Code.
3. The petitioner is named in the F.I.R. and is in
custody since 20.11.2022.
4. The allegation against the petitioner is to cause
dichotomy injury over penis by using blade along with other
co-accused persons and also to assault him physically.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.21774 of 2025(6) dt.19-08-2025
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petitioner submitted that due to local disputes and differences
petitioner falsely implicated with the present case as the
present FIR was lodged with a delay of 10 days. It is
submitted that keeping petitioner behind the bars shall not
serve any further justice. It is also pointed out that despite
petitioner remains in custody for about 10 months not even a
single witness was examined in this matter. While concluding
the argument it is submitted that petitioner is a man of clean
antecedent, and moreover, investigation of this case has
already completed, and as such, there is no chance of
tampering with the evidence.
6. Learned APP while opposing the prayer for bail
submitted that formal FIR was drawn after delay of 10 days,
but statement of injured was recorded at PMCH after three
days i.e., on 15.10.2022.
7. In view of aforesaid factual submission and by
taking note of fact as formal FIR was drawn with the delay of
10 days without any proper justification, coupled with the fact
as not even single prosecution witness was examined, despite
petitioner remains in custody since 20.11.2024, accordingly
Patna High Court CR. MISC. No.21774 of 2025(6) dt.19-08-2025
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above named petitioner, is directed to be released on bail in
connection with Samastipur Muffasil P.S. Case No. 476 of
2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-II,
Samastipur/concerned court, subject to the conditions as
mentioned under Section 480(3) of the B.N.S.S. with further
conditions:-
(i) Accused/Petitioner shall
cooperate in the trial and shall be
physically present on each and every
date before the Trial Court till
conclusion of the trial and exemption
from physical appearance be allowed
by the Trial Court, only on medical
ground of the petitioner duly
supported by the documents.
8. Presence of I.O. is dispensed herewith.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T