Hareram Mahto @ Hareram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23386 of 2026 Arising Out of PS. Case No.-19 Year-2023 Thana- NIMACHANDPURA District- Begusarai ====================================================== 1.
Hareram Mahto @ Hareram Kumar S/o Late Bino Mahto Resident of villHanuman Nagar, P.S- Ballia, Distt.- Begusarai 2.
Mirtunjay Kumar S/o Hare Ram Mahto Resident of vill- Hanuman Nagar, P.S- Ballia, Distt.- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ajit Kumar S/o Jay Jay Ram Mahto R/o vill - Ramanand Nagar, ward no. 7, P.S.- Nimachandpura, Distt.- Begusarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Mishra, Advocate For the State :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-07-2026 Heard Mr. Dhananjay Mishra, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP representing the State.
2. The petitioners are apprehending their arrest in connection with Nimachandpura P.S. Case No. 19 of 2023 registered for the offence under Sections 147, 149, 323, 504, 302 and 506 of the Indian Penal Code lodged on 05.02.2023 by the informant, Ajit Kumar.
3. As per the prosecution story, the informant alleged that the accused persons with common intention came to his place and attacked his family members and assaulted them.
2/4 Further allegation is against Hareram Mahto (petitioner no.1) and Kapil Dev Rai of pressing the vital part of the father of the informant (which resulted into his death). This led to the F.I.R.
4. Learned counsel for the petitioners with the help of postmortem report submit that the cause of death has been shown to be heart attack and injury on the sternum, final form was submitted but later cognizance taken which necessitated the filing of the present anticipatory bail.
5. Learned APP opposes the prayer submitting that there is direct allegation against petitioner no.1, Hareram Mahto @ Hareram Kumar.
6. Taking into account the aforesaid submissions, so far as the petitioner no.1, Hareram Mahto @ Hareram Kumar, his anticipatory bail application stands rejected.
7. Regarding petitioner no.2, Mritunjay Kumar, omnibus allegation of assault is against him, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
8. Let the petitioner no.2, Mritunjay Kumar be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
3/4 like amount each to the satisfaction of learned Judicial Magistrate-I, Begusarai, in connection with Nimachandpura P.S. Case No. 19 of 2023 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner no.2, Mritunjay Kumar who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioner no.2, Mritunjay Kumar shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) the petitioner no.2, Mritunjay Kumar shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself; (iv) the petitioner no.2, Mritunjay Kumar shall appear before the concerned police station every month for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;
(v) the petitioner no.2, Mritunjay Kumar shall in no way try to induce or promise or threat the witnesses or tamper
4/4 with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (vi) the petitioner no.2, Mritunjay Kumar shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
(Rajiv Roy, J) vinayak/- U T