Mahaveer Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44388 of 2025 Arising Out of PS. Case No.-72 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Mahaveer Ram S/o Shivshankar Ram Resident of village- Natwa, P.S.- Kateya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kateya P.S. Case No. 72 of 2024 instituted for the offences under Sections 341, 323, 324, 302, 379, 504, 506/34 of the Indian Penal Code.

3. Prosecution case, in short, is that all the accused persons including the petitioner assaulted the informant's father with lathi-danda causing injuries that ultimately resulted in his death in course of treatment.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and

Patna High Court CR. MISC. No.44388 of 2025(2) dt.01-07-2025 2/3 omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that the only role attributed to the petitioner is that he is the order giver. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.12.2024 and has no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 27.03.2025 passed in Cr. Misc. No. 78583 of 2024.

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 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 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 Kateya P.S. Case No. 72 of 2024, subject 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

Patna High Court CR. MISC. No.44388 of 2025(2) dt.01-07-2025 3/3 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