Mukesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25669 of 2025 Arising Out of PS. Case No.-326 Year-2024 Thana- GUTHANI District- Siwan ====================================================== 1.

Mukesh Ram S/O Indrabhan Ram R/O Village- Tenua, P.S- Guthni, Distt.- Siwan.

2.

Abhishek Ram @ Abhishek Kumar Ram S/O Indrabhan Ram R/O VillageTenua, P.S- Guthni, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2025

1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioners seeks permissions to withdraw this application qua petitioner no. 1 with liberty to surrender and seek regular bail.

3. Permission is accorded.

4. This application qua petitioner no. 1 stands dismissed as withdrawn with liberty aforesaid.

5. Insofar as petitioner no. 2 is concerned, this application, for grant of anticipatory bail, arises out of Guthani Police Station Case No. 326 of 2024, dated 22.11.2024, disclosing offences under Sections

Patna High Court CR. MISC. No.25669 of 2025(2) dt.07-05-2025 2/3 126(2)/115(2)/118(1)/109(1)/352/351(2)/3(5) of the Bhartiya Nyaya Sanhita.

6. The prosecution case, as per the First Information Report, is that on 21.11.2024, the petitioners abused and threatened the informant on phone because he had given information to police/excise-officials regarding the petitioners' illegal trade of illicit liquor. On the same day, when the informant had gone to his village for some work, the petitioners, along with other co-accused persons, ambushed the informant and assaulted him fatally. The petitioner nos. 1 and 2 assaulted the informant by means of farsa and iron rod, respectively, on his head and body causing him serious injuries.

7. Learned counsel for the petitioners submits that the petitioner no. 2 is not having any criminal antecedent. The allegation against the petitioner no. 2 is general and omnibus in nature. He further submits that injuries caused to the informant does not appear to be serious in nature.

8. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that this application qua the petitioner no. 1 has already been dismissed as withdrawn with liberty to surrender

Patna High Court CR. MISC. No.25669 of 2025(2) dt.07-05-2025 3/3 and seek regular bail and the petitioner no. 2 is having no criminal antecedent, I am inclined to grant the petitioner no. 2 privilege of anticipatory bail.

9. This application quo petitioner no. 2 is, accordingly, allowed.

10.Let the petitioner no. 2, 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) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Siwan, in connection with Guthni Police Station Case No. 326 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J) ashwani/- U T