Ramvaran Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21596 of 2025 Arising Out of PS. Case No.-1092 Year-2013 Thana- SITAMARHI District- Sitamarhi ====================================================== Ramvaran Mahto S/O Methur Mahto R/O Vill.- Kot Bazar, Ward no. 12, P.S.- Sitamarhi, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 1092 of 2013, instituted for the offences punishable under Sections 48, 341, 323, 324, 307, 379 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused person entered into the house of the informant and assaulted him and his family members. It is further alleged that the petitioner inflicted knife blow on the head of informant's son due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.21596 of 2025(2) dt.23-04-2025 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. Both the parties are co-villagers and there is land dispute between the parties. It is further submitted that as per allegation the petitioner has inflicted injury upon informant's son and the injuries received by son of the informant are simple in nature but only injury no. 2 is sharp cutting injury which may be dangerous to life but not on the vital part of the body. The petitioner is in custody since 04.12.2024 and has got no criminal antecedent.

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 after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sitamarhi P.S. Case No. 1092 of 2013, subject to the following conditions:

Patna High Court CR. MISC. No.21596 of 2025(2) dt.23-04-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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