Ramakant Mal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61878 of 2025 Arising Out of PS. Case No.-139 Year-2025 Thana- BAGHA District- West Champaran ====================================================== Ramakant Mal S/O Kishun Mal R/O Village - Nawaka Tola, Badgaow, Ward No.7, P.S.- Bagaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Baxi Sri Raman Pd. Sinha, Sr. Advocate Sri Krishna Kumar Singh, Advocate For the Opposite Party/s :

Sri Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-02-2026

1. Heard Sri Baxi Sri Raman Pd. Sinha, learned Senior Counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 103, 109, 126(2), 115(2), 118(1), 303(2), 74, 351(2), 352 and 3(5) of the BNS.

3. Learned Senior Counsel appearing on behalf of the petitioner submits that petitioner is a person with clean antecedent and is in custody since 29.05.2025 and from perusal of the allegation as alleged in the FIR, it would manifest that petitioner is alleged to have assaulted Bhagmani Devi by Khanti causing injury on head. It is further submitted that no doubt, the petitioner is alleged to have assaulted Bhagmani Devi causing injury on head but then on account of dispute relating to land, an

Patna High Court CR. MISC. No.61878 of 2025(3) dt.25-02-2026 2/3 altercation had taken place in which both sides assaulted each other. It is next submitted that from the side of the petitioner, Bagaha P.S. Case No. 136 of 2025 came to be instituted against the informant and others, as such, the instant FIR is a counterblast. It is also submitted that the blow was not repeated and petitioner is not a criminal.

4. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant opposed the prayer for regular bail of the petitioner. Learned counsel appearing on behalf of the informant submits that what is not in dispute rather stands admitted is that Bhagmani Devi died and she died during the course of treatment on account of assault made by the petitioner. It is further submitted that the date of occurrence is 24.05.2025 and Bhagmani Devi died on 28.05.2025 i.e. four days after the occurrence, as such, it can be easily inferred that the proximate cause of death was the assault made by the petitioner causing injury on her head.

5. At this stage, learned Senior Counsel appearing on behalf of the petitioner submits that Manish Kumar had approached this Court seeking regular bail by filing Cr. Misc. No. 65169 of 2025 and the same came to be allowed by an order dated 07.11.2025 thereafter Jagarnath Mal along with three

Patna High Court CR. MISC. No.61878 of 2025(3) dt.25-02-2026 3/3 others had approached this Court seeking regular bail by filing Cr. Misc. No. 65279 of 2025 and the same came to be allowed by an order dated 07.11.2025, as such, the case of the petitioner be also considered.

6. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant submit that Manish Kumar and Jagarnath Mal along with others are not alleged to have assaulted Bhagmani Devi rather specific allegation of assaulting Bhagmani Devi is against this petitioner of causing injury on head which is vital part of the body and that too by Khanti.

7. After hearing the learned counsel for the parties, the Court is not inclined to release the petitioner on bail in connection with Bagaha P.S. Case No. 139 of 2025 pending in the Court of learned 1st Additional Chief Judicial Magistrate, Bagaha, West Champaran/Successor Court.

8. Hence, the prayer for bail is rejected.

(Satyavrat Verma, J) Kundan/- U T