Patna High Court
Ram Bharosh Mahto @ Ram Bharos MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Ram Bharosh Mahto was arrested on 5 October 2025 in connection with a 2021 case involving multiple IPC offences, including assault, attempt to murder, and offences under the Arms Act. The prosecution alleged that he, along with co‑accused, brutally assaulted the informant and her family, causing injuries. The petitioner claimed innocence, stating the injuries were simple, there was no intent to kill, and the medical opinion on the chief victim was reserved. The State opposed bail, highlighting specific allegations against the petitioner and his four prior criminal antecedents, though he was on bail in other pending matters. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of court cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to an accused facing multiple serious IPC offences including attempt to murder.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the nature of injuries and alleged lack of intent to kill warrant bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 324, 325, 34, 341, 342, 379, 427, 504, 506, 511
Subjects
- bail
- Indian Penal Code
- Arms Act
- attempt to murder
- assault
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6347 of 2026
Arising Out of PS. Case No.-230 Year-2021 Thana- PHULPARAS District- Madhubani
======================================================
Ram Bharosh Mahto @ Ram Bharos Mahto S/O Ram Vilash Mahto @
Ramvilas Mahto R/O Vill.- Hariyari, P.s.- Phulparas, Dist.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 23-03-2026 Heard Mr. Ravi Prakash, learned counsel for the
petitioner and Mr. Sanjay Kumar Tiwary, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.10.2025 in connection with Phulparas P.S. Case No. 230 of
2021, F.I.R. dated 21.06.2021 for the offences punishable under
Sections 341, 342, 323, 324, 325, 307, 379, 427, 511, 504, 506
and 34 of the IPC and Section 27 of the Arms Act.
3. According to prosecution case, this petitioner along
with other accused persons brutally assaulted the informant and
her family members.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the petitioner is named in
the F.I.R and there is direct and specific allegation against him
Patna High Court CR. MISC. No.6347 of 2026(3) dt.23-03-2026
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that he has assaulted to Gunjan Mahto due to which she
sustained injuries. He further submits that there is also
allegation against the co-accused that he has assaulted to
Shatrudhan Mahto and Dhanshi Mahto due to which they
received injuries but their injuries are simple in nature. And as
per the injury report of Gunjan is concerned the opinion is kept
reserved by the doctor. He further submits that in a spur of
moment the present occurrence has taken place and there is no
intention to kill anyone. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 05.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that there is direct and specific allegation against the
petitioner and apart from that the petitioner carries four criminal
antecedents other than the present one but fairly submits that he
is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-I, Jhanjharpur in connection with
Patna High Court CR. MISC. No.6347 of 2026(3) dt.23-03-2026
3/3
Phulparas P.S. Case No. 230 of 2021, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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