Mulayam Bhagat @ Mulayam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26113 of 2025 Arising Out of PS. Case No.-20 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Mulayam Bhagat @ Mulayam Kumar Son of Bisalarma Bhagat @ Bikarma Bhagat Resident of village - Jagdish Bantariya, P.S.- Bhorey, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewanand Tiwari, Advocate For the State :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhorey P.S. Case No. 20 of 2024 registered for the offence punishable under Sections 414, 413/34 of the Indian Penal Code and Sections 25(1-b) a/ 26/27/35 of the Arms Act.

3. The petitioner along with one Manoj Ram is said to have fired at the police when the police tried to catch them but anyhow they escaped.

4. It has been submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case only on the basis of suspicion and he and the co-accused Manoj Ram has been named by the Chowkidar in the F.I.R. He also submits that the co-accused Manoj Ram having similar

Patna High Court CR. MISC. No.26113 of 2025(3) dt.06-08-2025 2/2 antecedent has been granted bail by a co-ordinate Bench of this Court vide order dated 12.05.2025 in Cr. Misc. No. 11934 of 2025. The petitioner is in custody since 22.11.2024.

5. I have gone through the order of the co-ordinate Bench. Manoj Ram has been granted bail on the premise that the Manoj was not named in the F.I.R. where as Manoj is named in the F.I.R. It appears that wrong submission was made before the the Hon'ble Judge who has granted bail to Manoj Ram.

6. Considering the gravity of the offence and the fact that the petitioner has fired upon the police party and has antecedents, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application stands dismissed.

8. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.

9. The Registry is directed to list Cr. Misc. No. 11934 of 2025 before the Hon'ble Judge who has granted bail to coaccused Manoj Ram along with this order for appropriate consideration.

(Sandeep Kumar, J) P. Kumar U T