Patna High CourtCR. MISC./5647/2025bail granted

Vikrama Mahto v. The State Of Bihar

2025-04-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5647 of 2025 Arising Out of PS. Case No.-242 Year-2024 Thana- RIVILGANJ District- Saran ====================================================== Vikrama Mahto Son of Late Gorakh Mahto Resident of Village- Godma, Brahamtoli, P.S.- Revilganj, Distt.- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate Ms. Neha Kumari, Advocate Ms. Archana Kumari, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Revilganj P.S. Case No. 242 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 118(2), 117(2), 109(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons assaulted brother of the informant by means of knife with intention to kill him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.5647 of 2025(3) dt.25-04-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of stabbing the informant's brother is against co-accused, namely, Pawan Upadhyay. It is further submitted that the petitioner was only an order giver of the incident. The petitioner is in custody since 13.09.2024 and has got one criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 18.02.2025 passed in Cr. Misc. No. 80680 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.5647 of 2025(3) dt.25-04-2025 3/3 below/concerned Court in connection with Revilganj P.S. Case No. 242 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T