Patna High Court
Ram Pukar Mahto @ Pukar MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court set aside the order refusing bail and granted bail to the appellant, subject to bond and surety conditions.
Summary
The appellant, Ram Pukar Mahto, was charged under multiple sections of the Indian Penal Code, the Arms Act and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting a victim, invoking his caste name, and causing the victim's death. He had been in judicial custody since 25 January 2025 and his earlier bail petition had been rejected by a coordinate bench. The appellant argued that the charges were general, that several co‑accused had already been granted bail, and that the trial was only at the evidence stage, warranting parity and release. The State opposed bail, citing the appellant's prior criminal antecedent and the seriousness of the offences, and contended that no new material justified a reversal. After hearing both sides, the High Court set aside the order of 24 September 2025 refusing bail and allowed the appeal. The court directed that the appellant be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to his cooperation and personal appearance at each trial date. The decision underscores the court's emphasis on the stage of trial, duration of custody, and parity with co‑accused in bail considerations.
Issues considered
- Whether bail should be granted to an accused facing serious offences including murder, attempted murder and offences under the SC/ST Act, given the stage of trial and duration of custody.
- Whether the appellant's prior criminal antecedent and earlier denial of bail preclude the grant of bail in the present application.
Legislation cited
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 341, 452, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(V), 3(i), 3(r), 3(s)
Subjects
- bail
- criminal procedure
- IPC
- murder
- SC/ST Act
- parity
- judicial custody
- evidence stage
- arms act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4409 of 2025
Arising Out of PS. Case No.-94 Year-2020 Thana- KHAJAULI District- Madhubani
======================================================
Ram Pukar Mahto @ Pukar Mahto Son of Jageshwar Mahto Resident of
village -Chatra PS -Khajauli District- Madhubani
... ... Appellant/s
Versus
1. The State of Bihar
2. Lalan Paswan Son of Late Jagdish Paswan Resident of village -Chatra Po-
Chatra, PS -Khajauli District- Madhubani
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Ravindra Kumar Singh, Advocate
Mr. Kumar Rajdeep, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 17-03-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 24.09.2025 passed by learned 1 st
District and Additional Sessions Judge-cum-Special Judge,
Madhubani whereby the prayer for bail of the appellant in
connection with Khajauli P.S. Case no. 94 of 2020 under
Sections 147, 148, 149, 341, 323, 324, 307, 302, 452, 504 and
506 of the Indian Penal Code, Section 27 of the Arms Act and
Patna High Court CR. APP (SJ) No.4409 of 2025(3) dt.17-03-2026
2/4
Sections 3(i) (r) (s) 3(2) (V) of SC/ST Act was rejected.
3. As per the prosecution case, on the alleged date
and time of occurrence, all the 12 FIR named persons
including this appellant armed with weapons abused the
respondent by calling his caste name and assaulted his father,
as a result of which he sustained multiple injuries and during
course of treatment, he died.
4. It is submitted by learned counsel for the appellant
that earlier his Criminal Appeal (SJ) for regular bail was
dismissed by learned co-ordinate Bench of this court vide Cr.
App(SJ) No. 654 of 2025. He has submitted that from perusal
of the FIR, it will transpire that the nature of allegation is
general and omnibus. It has further been submitted that
similarly situated several co-accused persons, namely, Bimal
Bihari, Pramod Paswan, Rajan Paswan, Ramesh Paswan, Ram
Ashish Ram, Ram Udgar Mahto, Mahendra Paswan and others
have already been granted bail by learned co-ordinate Benches
of this court vide Annexures-12 and 13 to this petition.
Moreover, the appellant is in judicial custody since
25.01.2025.
5. A report regarding stage of trial was called for
from the learned trial court and from perusal of the said report,
Patna High Court CR. APP (SJ) No.4409 of 2025(3) dt.17-03-2026
3/4
it will transpire that only charges have been framed and this
case is fixed for evidence as on 11.02.2026.
6. Learned counsel for the appellant has submitted
that considering the period of custody and the stage of trial as
well as parity, he may also be granted the privilege of bail.
7. The appeal for bail is opposed by learned Spl. P.P.
for the State and has submitted that appellant is having
criminal antecedent of one case. He has submitted that his bail
petition was earlier rejected by learned co-ordinate Bench and
that no new material is there for consideration of his bail.
8. Having heard learned counsel for the parties and
considering the facts and cirumstances of this case as stated
above, the Court is inclined to allow this appeal. Accordingly,
the appeal is allowed and the impugned order dated 24.09.2025
is hereby set aside.
9. The appellant is directed to be enlarged on bail in
connection with Khajauli P.S. Case No. 94 of 2020 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned 1st District and Additional Sessions Judge-cum-
Special Judge, Madhubani with a condition that the
appellant will cooperate in the trial and shall remain
Patna High Court CR. APP (SJ) No.4409 of 2025(3) dt.17-03-2026
4/4
physically present before the learned trial on each and
every fixed date by the learned trial court.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…