Raj Kumar Mahto @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9277 of 2026 Arising Out of PS. Case No.-104 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Raj Kumar Mahto @ Raj Kumar, S/o Chanda Mahto, Resident of Village - Dhankhariya Ranjeeta, Police Station - Harsidhi, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakil Ahmad Khan, Advocate For the Informant :
Mr. Arun Kumar, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Harsidhi P.S. Case No.104 of 2025 instituted for the offence under Sections 115(2), 117(2), 126, 109, 352, 351, 76 and 3(5) of B.N.S. and thereafter 103 of B.N.S. was added.
3. The case of the prosecution, in short, is that the petitioner along with others being variously armed started assaulting on the pointing of fixing of butt at the door of the informant. It is specifically alleged that Subhash Mahto and Chanda Mahto assaulted with farsa on the head of the informant due to which she received cut injury. When the mother of the
Patna High Court CR. MISC. No.9277 of 2026(2) dt.26-02-2026 2/3 informant came to rescue, she was being assaulted by Munna Mahto, Ramvilash Mahto and Vikash Mahto. It is further alleged that when Arun Kumar Mahto came to rescue, he was surrounded by all the accused persons and was assaulted with lathi and dada.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It has further been submitted that from perusal of the F.I.R. it is clear that no overt act is alleged against this petitioner. The nature of allegation is general and omnibus. Petitioner is only the member of mob. It has also been submitted that similarly situated co-accused persons have been granted anticipatory bail by learned Co-ordinate Bench of this Court vide Cr. Misc. No. 55838 of 2025. The case of this petitioner stands on similar footing. He is having no criminal antecedent.
5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of bail of the petitioner. Learned counsel for the informant has submitted that mother of the informant Pawdhari Devi has died during treatment.
6. Having heard learned counsel for the parties and in
Patna High Court CR. MISC. No.9277 of 2026(2) dt.26-02-2026 3/3 the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Harsidhi P.S. Case No. 104 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari, East Champaran, subject to the conditions as laid down under section 482 (2) of the B.N.S.S.
(Ashok Kumar Pandey, J) lata/- U T