Abhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89248 of 2025 Arising Out of PS. Case No.-442 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Abhay Kumar, S/o Hari Mohan Mahto, Resident of Village-Senwariya, P.S.- Raxaul, District- East Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhurendra Kumar, Advocate Mr. Sumit Kumar, Advocate Mr. Sudhanshu Kumar, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-02-2026 Heard learned counsel appearing for the petitioner and learned APP for the State.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Raxaul P.S. Case No. 442 of 2024 registered for the offences punishable under Sections 103, 238, 61(2), 126(2), 115(2), 64 read with 3(5) of the Bhartiya Nyaya Sanhita (in short 'BNS').
3. As per FIR, co-accused Rajpal Mahto committed rape and murder of the sister of informant while she was working in field, upon information he returned home and caught hold main coaccused Rajpal Mahto along with co-villagers, whereafter his family members and other co-villagers including petitioner arrived there
Patna High Court CR. MISC. No.89248 of 2025(2) dt.09-02-2026 2/3 and took away the main co-accused Rajpal Mahto from their custody.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner implicated with this case being covillager out of village politics, facing general and omnibus allegation to take away main co-accused Rajpal Mahto from the custody of the informant and others after committing present crime in question. While concluding argument, it is submitted that the petitioner is a man of clean antecedent.
5. Learned APP while opposing the prayer of bail could not disputed aforesaid factual submission.
6. In view of aforesaid factual submissions and by taking note of fact as prima-facie allegation against petitioner appears general and omnibus, as being co-villager petitioner helped to rescue main co-accused namely, Rajpal Mahto from the custody of informant and others who caught hold him after alleged offence, accordingly, petitioner, above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released 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 the learned SDJM, Raxaul, East Champaran, Motihari/concerned Court, where the case is pending in
Patna High Court CR. MISC. No.89248 of 2025(2) dt.09-02-2026 3/3 connection with Raxaul P.S. Case No. 442 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.) Sanjeet/- U T