Sachin Kumar @ Sachin Kumar MahtoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86884 of 2025
                      Arising Out of PS. Case No.-68 Year-2025 Thana- ROSERA District- Samastipur
                 ======================================================
                 Sachin Kumar @ Sachin Kumar Mahto S/o Late Bauelal Mahto R/o Village-
                 Khaira Dargah, P.S- Rosera, Distt.- Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ghanshyam Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   19-03-2026                   Heard learned Counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Rosera Police Station Case No. 68 of 2025,

                   disclosing offences under Sections 191(2), 126(2), 115(2), 352,

                   351(2) of Bharatiya Nyaya Sanhita, 2023 and 27 of Arms Act.

                                3. The prosecution case, as per the First Information

                   Report, is that on 05.03.2025, while the informant was sleeping,

                   the petitioner along with other accused persons arrived at the

                   place of occurrence on a motorcycle, carrying weapons in their

                   hands. It is further alleged that the co-accused, Nitish Kumar,

                   assaulted the informant with a lathi, as a result of which he

                   woke up. Thereafter, petitioner fired a shot in the air from his
Patna High Court CR. MISC. No.86884 of 2025(4) dt.19-03-2026
                                            2/3




          pistol and threatened the informant to kill. The police recovered

          one empty cartridge and a motorcycle, which were left behind

          by the accused persons.

                       4. Learned Counsel for the petitioner submits that the

          reason behind the occurrence is that one day prior to the

          occurrence, i.e., on 04.03.2025 at about 8 p.m. in the night,

          noise was coming out from the house of younger brother Shyam

          Kumar Mahto. When the informant arrived there, he saw that

          the petitioner, along with co-accused Nitish Kumar, was in an

          inebriated condition, abusing the brother of the informant. The

          informant intervened and separated both of them. In retaliation

          for the same on the next date, i.e., on 05.03.2025, the present

          occurrence has taken place by the petitioner and others. Nobody

          has injured in the alleged firing made by the petitioner, and the

          motorcycle, which was left by the accused person, does not

          belong to the petitioner.

                       5. Learned counsel for the state, referring to the case

          diary, submits that police has sent request before the DTO for

          ascertaining the ownership of the motorcycle, but the same has

          not been provided as yet.

                        6. Regards being had to the submissions made on

          behalf of the parties and taking into consideration the nature of
           Patna High Court CR. MISC. No.86884 of 2025(4) dt.19-03-2026
                                                       3/3




                     allegation and the fact that motorcycle recovered by the police

                     near the house of the informant does not belong to the petitioner,

                     I am inclined to grant the petitioner privilege of anticipatory

                     bail.

                                  7. This application is, accordingly, allowed.

                                  8. Let the petitioner, above named, in the event of his

                     arrest or surrender before the Court below within four weeks, 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 learned Additional Chief Judicial Magistrate-1st,

                     Rosera, in connection with Rosera Police Station Case No. 68 of

                     2025, subject to the condition laid down under Section 482 (2)

                     of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T