Tunni Mahto @ Ram Parvesh Mahto @ Parvesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86242 of 2025
                        Arising Out of PS. Case No.-375 Year-2025 Thana- BIHAR District- Nalanda
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           1.     Tunni Mahto @ Ram Parvesh Mahto @ Parvesh Kumar Son of Late Ganesh
                  Mahto Resident of Village- Kalyanpur, Ps- Bihar, Dist- Nalanda
           2.    Kundan Kumar son of Tunni Mahto @ Ram Parvesh Mahto @ Parvesh
                 Kumar Resident of Village- Kalyanpur, Ps- Bihar, Dist- Nalanda
           3.    Krishan Kumar son of Tunni Mahto @ Ram Parvesh Mahto @ parvesh
                 Kumar Resident of Village- Kalyanpur, Ps- Bihar, Dist- Nalanda



                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sudish Kumar, Advocate
                 For the Opposite Party/s :        Mr. Md. Fahimuddin, APP
                 For the Informant        :        Mr. Pankaj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-03-2026                        Heard Mr. Sudish Kumar, learned counsel for the

                  petitioners, Mr. Md. Fahimuddin, learned Additional Public

                  Prosecutor for the State and Mr. Pankaj Kumar, learned counsel

                  for the Informant.

                               2. Petitioners seeks bail in connection with Bihar P.S.

                  Case No. 375 of 2025, F.I.R. dated 17.06.2025 for the offences

                  punishable under Sections 103(1), 3(5) of the Bharatiya Nyay

                  Sanhita, 2023.

                               3. According to prosecution case, on 17.06.2025, the

                  informant was informed by his cousin on phone that the door of
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         his house is closed and blood is oozing out from the house. On

         hearing this, when the informant reached his village, he got

         informed that two days before all the FIR named accused

         persons had assaulted his father and threatened him to kill. The

         informant suspects that the accused persons had killed his father

         by strangulation.

                     4. Learned counsel for the petitioners submits that

         petitioners have clean antecedent and they falsely been

         implicated in the present case merely on the basis of suspicion.

         He further submits that the allegation as alleged in the F.I.R. is

         false and fabricated and the petitioner has not committed any

         offences as alleged in the F.I.R and informant is not the eye

         witness of the alleged occurrence and even no one has seen the

         alleged occurrence and except suspicion, no other cogent

         material has come during investigation which suggest the

         involvement of the petitioners in the present occurrence. The

         police after investigation submitted charge-sheet and the

         petitioner no.1 is in custody since 26.07.2025 and petitioner

         nos.2 and 3 are in custody since 18.07.2025.

                     5. The learned counsel appearing on behalf of the

         informant as well as learned Additional Public Prosecutor for

         the State have vehemently opposed the prayer for bail of the
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         petitioner.

                      6. Considering the aforesaid facts and circumstances,

         petitioners have clean antecedent and except suspicion, no other

         cogent material has come during investigation which suggest the

         involvement of the petitioners in the present occurrence, let the

         petitioners, above named, be released on bail on furnishing bail

         bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

         like amount each to the satisfaction of the learned C.J.M.,

         Nalanda in connection with Bihar P.S. Case No. 375 of 2025

         subject to the following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tamper with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                     iii. And further condition that the court below shall

         verify the criminal antecedent of the petitioners and in case at

         any stage it is found that the petitioners have concealed their

         criminal antecedents, the court below shall take step for
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                     cancellation of bail bond of the petitioners. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T