Ram Bharosh Mahto @ Rambharosh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56843 of 2025 Arising Out of PS. Case No.-104 Year-2024 Thana- BHEJA District- Madhubani ====================================================== Ram Bharosh Mahto @ Rambharosh Mahto S/o Late Dasay Mahto @ Late Dasai Mahto R/o Village- Darah Nawtoliya, PS- Bheja, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bheja P.S. Case No. 104 of 2024 instituted for the offences under Sections 329(4), 126(2), 115(2), 118, 109, 75, 303(2), 324(4), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and later on Section 103(2) of the Bharatiya Nyaya Sanhita, 2023 was added.
3. Prosecution case, in short, is that, over a dispute relating to agriculture field, it is stated that the accused persons including the petitioner came variously armed and, on the order of co-accused Tirpeet Narayan Yadav, co-accused Sushil Kumar and Hareram Yadav caught hold of the informant while co-
Patna High Court CR. MISC. No.56843 of 2025(4) dt.18-09-2025 2/3 accused Sunil Kumar Yadav gave a blow with kudali. The injured subsequently died 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 omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that except for having been named as a member of unlawful assembly, no role has been alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.05.2025 and has one criminal antecedent. The co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 11.08.2025 passed in Cr. Misc. No. 53598 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 on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.56843 of 2025(4) dt.18-09-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bheja P.S. Case No. 104 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T