IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80845 of 2025 Arising Out of PS. Case No.-91 Year-2024 Thana- MALI District- Aurangabad ====================================================== Ramji Ram @ Ramjee Ram Son of Sunderram @ Sunder Ram @ Sundar Ram, R/o Village - Banarsi Bigha, P.S. - Mali, Dist. - Aurangabad(Bihar). ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Aman Vishal, Advocate For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 02-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Mali P.S. Case No. 91 of 2024 dated 19.05.2024, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 448, 307, 504 and 506 of the Indian Penal Code and Sections 3 and 4 of Prevention of Witch Practices Act, 1999. 3. As per the prosecution case, petitioner and other co-accused persons armed with lathi, khanti and gadasa entered into the house of the informant and started a scuffle with the informant, calling him a witch. When the brother of the informant came out to save him, the petitioner and co-accused Vishwanath Ram assaulted him by means of gadasa on his head. The son of the informant was also assaulted. The co- Patna High Court CR. MISC. No.80845 of 2025(2) dt.02-12-2025 2/4 accused assaulted the informant with lathi causing fracture of his hand. 4. Learned counsel appearing on behalf of the petitioner submits that there is case and counter case between the parties and Mali P.S. Case No. 93 of 2024 has been lodged by the co-accused Vishwanath Ram against the informant’s side. The informant’s side is aggressor and they assaulted the petitioner and others and this petitioner received injuries which otherwise remain unexplained. The FIR has been lodged after delay of two days. The allegation against the petitioner and other co-accused is general and it is not clear who assaulted the brother of the informant as there is no specific averment in this regard. However, no sharp cut injury has been found on the brother of the informant though allegation is of assault by gadasa. The parties are agnates and the occurrence took place in the background of earlier dispute involving the children of the family. A number of co-accused persons have been granted the privilege of anticipatory bail by a learned co-ordinate Bench of this Court vide orders dated 08.05.2025 and 09.07.2025 passed in Cr. Misc. No. 26142 of 2025 and Cr. Misc. No. 25167 of 2025 respectively. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Patna High Court CR. MISC. No.80845 of 2025(2) dt.02-12-2025 3/4 Learned counsel lastly submits that petitioner is in custody since 26.08.2025. 5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of any sharp cut injury on the brother of the informant and also considering the general and omnibus nature of allegation against the petitioner and further taking into account his clean antecedent, submission of chargesheet and his period of custody, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Aurangabad (Bihar) / concerned Court, in connection with Mali P.S. Case No. 91 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned Patna High Court CR. MISC. No.80845 of 2025(2) dt.02-12-2025 4/4 trial Court. (iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. Shahnawaz/- (Arun Kumar Jha, J) U T