Ram Niwas Mahto @ Ram Niwas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79588 of 2025 Arising Out of PS. Case No.-454 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== Ram Niwas Mahto @ Ram Niwas Kumar S/o Late Narayan Mahto R/o Village- Chhota Tola Murli, P.S- Chhauradano, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar Singh, Adv For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-12-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Harisdhi P.S. Case No. 454 of 2021 dated 18.11.2021 registered for the offence punishable u/s 395 of the Indian Penal Code.

3. As per the prosecution case, 6-7 unknown persons boarded on Bolero, intercepted the truck and they took away the possession of the truck from the driver and the driver was thrown and the miscreants fled away with the truck.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR and his name

Patna High Court CR. MISC. No.79588 of 2025(2) dt.08-12-2025 2/3 has transpired in this case merely on the basis of confessional statement of the apprehended co-accused person Chhatradhari Yadav and except the confessional statement of the co-accused there is nothing on record to show the complicity of the petitioner in the said occurrence. It is further submitted that no incriminating article has been recovered from the possession of the petitioner. Similarly situated co-accused person has already been granted bail by this Court vide order dated 01.12.2025 passed in Cr. Misc. No. 76402 of 2022. The petitioner has clean criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.08.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the looted articles were recovered from the house of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari, in connection with Harisdhi P.S. Case No. 454 of 2021.

(i) The petitioner is directed to remain physically present before the learned Court below

Patna High Court CR. MISC. No.79588 of 2025(2) dt.08-12-2025 3/3 on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T