Ram Pravesh Mahto @ Ram Pravesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41160 of 2025 Arising Out of PS. Case No.-1277 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Ram Pravesh Mahto @ Ram Pravesh Kumar Son of Late Shivji Mahto Resident of Village- Bela Pachgachhiya, PS- Ahiyapur Distt- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 1277 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that, four unknown miscreants, on gunpoint, snatched the bag of the informant containing Rs. 1,90,000/- and his mobile phone, when the informant was going to Bank. It is further alleged they also snatched the keys of the motorcycle of the informant.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner
Patna High Court CR. MISC. No.41160 of 2025(3) dt.14-07-2025 2/3 transpired in this case on the basis of disclosure made by coaccused persons, namely, Santosh Kumar and Sachin Kumar. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the looted articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.03.2025 and has six criminal antecedents. The co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 15.05.2025 passed in Cr. Misc. No. 7350 of 2025.
5. Learned A.P.P. 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, claim based on parity as also 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. Case No. 1277 of 2023, subject
Patna High Court CR. MISC. No.41160 of 2025(3) dt.14-07-2025 3/3 to the following conditions:
(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.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T