Mahesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55777 of 2025 Arising Out of PS. Case No.-283 Year-2025 Thana- BUXAR District- Buxar ====================================================== Mahesh Ram, Male, aged about 37 years, S/o Mohan Ram, Resident of Khalasi Mohalla, Police Station- Buxar Town, District- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Buxar Town PS Case No.283 of 2025 dated 29.05.2025, instituted for the offence punishable under Sections 126(2), 115(2), 308(2), 308(5), 329(3), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is of demanding rupees ten thousand per month as extortion and threatening to kill the informant if the same is not paid.
4. Learned counsel for the petitioner submits that, as a matter of fact, on 13.12.2024, the petitioner had visited the shop of the informant to purchase Biryani. A dispute arose in the shop when the petitioner was served stale food and he raised
Patna High Court CR. MISC. No.55777 of 2025(2) dt.12-08-2025 2/3 objection upon which he was abused by derogatory caste based slurs by the informant and his staff. There was heated exchange between the parties. However, the matter was pacified. Further, on 28.05.2025, when the petitioner along with his friends visited the shop again, they were denied entry without assigning any reason. When the petitioner enquired, the staff of the informant behaved in unruly manner as a result of which a minor scuffle took place between the parties, but considering the matter to be very trivial, the petitioner did not report the matter to the local PS. However, later on, the informant lodged the present FIR falsely implicating him on forged and fabricated allegations only to make the case serious. Further submission is that petitioner is behind the bar since 03.06.2025 and five criminal cases are pending against him, however, he is on bail in all the cases.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate Buxar, in Buxar Town PS Case No.283 of 2025, subject to the
Patna High Court CR. MISC. No.55777 of 2025(2) dt.
12-08-2025 3/3 conditions (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) that 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, and (v) that the petitioner within two weeks from the date of his release from custody shall appear before the SHO of his local area along with a copy of this order and thereafter shall appear before him every fortnightly to mark his attendance till the framing of charge in the case by the trail Court.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T