Rambahadur Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72636 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- MORKAHI District- Khagaria ====================================================== Rambahadur Sada Son of Ramswarup sada R/o Village - Navatoliya Rasaunk, Ward no. 13, P.S - Markahi, Dist. - Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajit Kumar, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Morkahi P.S. Case No. 31 of 2025, instituted for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 117(2), 109, 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner along with other co-accused persons have brutally assaulted the informant due to which he sustained injuries.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.72636 of 2025(2) dt.14-10-2025 2/3 the petitioner also submits that as per FIR it is alleged that the petitioner has assaulted on the head by means of iron rod upon the informant and injury is found to be grievous in nature. It is further submitted that there is case and counter case between the parties. The petitioner is in custody since 22.05.2025 and has got two criminal antecedents. Other similarly situated coaccused has been granted bail by this Court vide order dated 1208-2025, passed in Cr. Misc. No. 54065 of 2025.
5. Learned APP 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, case and counter case and taking into account 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 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Morkahi P.S. Case No. 31 of 2025, 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
Patna High Court CR. MISC. No.72636 of 2025(2) dt.14-10-2025 3/3 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.
(Rudra Prakash Mishra, J) Raj Kishore/- U T