Patna High Court

Mahendra RamversusThe State of Bihar

Decided: 16 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that the petitioner is entitled to bail, directing his release upon furnishing the prescribed bail bond and sureties.

Summary

The petitioner, Mahendra Ram, sought bail in a case registered under multiple sections of the B.N.S. for the alleged murder of a minor. The prosecution alleged that the petitioner threatened the informant and was implicated based on the informant’s testimony that another individual, Sanjay Ram, fled the scene. The petitioner’s counsel argued that there was no eyewitness, the petitioner had no criminal record, was elderly, and the case was based merely on suspicion. The State opposed bail, emphasizing the seriousness of the offences. After hearing both sides, the court found the evidence insufficient to deny bail and ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the seriousness of the offences charged under the B.N.S.
Whether the evidence on record, primarily based on the informant’s statement, justifies continued judicial custody.

Legislation cited

B.N.S. — s. 103(1), 115(2), 238, 3(5), 351(2), 61(2)

Subjects

bail
criminal procedure
suspect evidence
judicial custody
serious offences
Indian Evidence Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16974 of 2026
                    Arising Out of PS. Case No.-202 Year-2024 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Mahendra Ram, Son of Late Jugeshwar Ram @ Jha Pash Ram, Resident of
                 Village- Baghakhal, P.S.- Gaighat, District- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr.Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Gaighat P.S. Case No. 202 of 2024 registered for the offence

                   punishable under Sections 103(1), 238, 61(2), 115(2), 351(2) and

                   3(5) of B.N.S.

                                3. The case of the prosecution, in short, is that the minor

                   son of the informant was killed by hanging in a tree. The

                   informant went to the place of occurrence and he saw Sanjay Ram

                   fleeing away from that place. It is further alleged that this

                   petitioner has threatened that he will remove the deceased from the

                   life of the informant.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no
             Patna High Court CR. MISC. No.16974 of 2026(2) dt.16-03-2026
                                                         2/2




                       offence. He has been falsely implicated in this case. From perusal

                       of the F.I.R. itself it is clear that there is no eye witness of the

                       occurrence and the name of this petitioner has surfaced only on the

                       basis of threatening which he has earlier given to the wife of the

                       informant. The informant has seen Sanjay Ram just after the

                       occurrence fleeing away. It has also been submitted that petitioner

                       is an old person having no criminal antecedent and he is in such a

                       condition that he cannot move. This case is based only on

                       suspicion. He is languishing in judicial custody since 22.12.2025.

                                    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. 1 st Class,

                       Muzaffarpur (East) in connection with Gaighat P.S. Case No. 202

                       of 2024.


                                                          (Ashok Kumar Pandey, J)

lata/-
U        T

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