Patna High Court
Md. RamjuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Md. Ramju, applied for bail in a case (Tatarpur P.S. Case No. 79 of 2025) alleging offences under Sections 191(1), 190, 115(2), 117(2), 109(1) and 303(2) of the B.N.S. The prosecution alleged that the petitioner, along with others, participated in a mob assault on an informant with a dagger. The petitioner contended that he was merely a member of the mob, that no overt act was specifically attributed to him, and that he had been falsely implicated. He also highlighted that a co‑accused, Md. Sagar, had already been granted bail in a related proceeding. After hearing both sides, the Court found the petitioner's claim credible and ordered his release on bail, subject to a bond of Rs.10,000 and two sureties. The bail order was directed to be executed by the Judicial Magistrate of First Class, Bhagalpur.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the alleged offences
- Whether the allegations against the petitioner constitute sufficient grounds to justify continued detention
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 190, 191(1), 303(2)
Subjects
- bail
- criminal procedure
- IPC sections
- false implication
- mob assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13698 of 2026
Arising Out of PS. Case No.-79 Year-2025 Thana- TATARPUR District- Bhagalpur
======================================================
Md. Ramju, Son of Md. Jawed, Resident of Village - Sarai, Rain Tola, P.S.-
Tatarpur, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Tatarpur P.S. Case No.79 of 2025 registered for the offence
punishable under Sections 191(1), 190, 115(2), 117(2), 109(1)
and 303(2) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioner along with others arrived and one Md. Sagar has
assaulted the informant with a dagger.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the F.I.R. itself it is clear that the
petitioner is only a member of mob. No overt act is alleged
Patna High Court CR. MISC. No.13698 of 2026(2) dt.12-03-2026
2/2
against him. It has further been submitted that the co-accused
Md. Sagar against whom there is specific allegation of assault,
has been granted bail by this Court vide Cr. Misc. No. 10427 of
2026. The case of this petitioner stands on better footing.
Moreover, he is languishing in judicial custody since
13.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail 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
J.M.F.C., Bhagalpur in connection with Tatarpur P.S. Case No.
79 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…