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Patna High Court

Rajaram MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to strict conditions.

Summary

The petitioners, members of the Mahto family, sought anticipatory bail fearing arrest in a rape‑murder case (Raxaul PS Case No. 442 of 2024) where the principal accused, Rajpal Mahto, is already in custody. The FIR alleged offences under Sections 103, 238, 61(2), 126(2), 115(2), 64 and 3(5) of the B.N.S. The petitioners argued they have no criminal antecedent and that a co‑accused, Krishna Mahto, had already been granted bail. The State contended that the petitioners helped the main accused evade arrest. Considering the submissions and the precedent of bail to the co‑accused, the court inclined to grant anticipatory bail, imposing a Rs.10,000 bond, sureties, and several conditions regarding appearance, non‑interference with witnesses, and abstention from further offences. The order directs release on bail if arrested or upon surrender within four weeks.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners despite allegations of aiding the principal accused
  • Whether the petitioners are likely to tamper with evidence or influence witnesses
  • Whether the conditions imposed are sufficient to safeguard the investigation and trial

Legislation cited

  • B.N.S. — s. 103, 115(2), 126(2), 238, 3(5), 61(2), 64

Subjects

  • anticipatory bail
  • rape
  • murder
  • FIR
  • bail conditions
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17522 of 2026
                   Arising Out of PS. Case No.-442 Year-2024 Thana- RAXAUL District- East Champaran
                 ======================================================
           1.     Rajaram Mahto Son of Late Ramsewak Mahto Resident of Village-Senwaria
                  Police Station-Raxaul, District-East Champaran
           2.    Chhotelal Mahto son of Late Ramsewak mahto Resident of Village-
                 Senwaria Police Station-Raxaul, District-East Champaran
           3.    Dharamraj Kumar Son of Chhotelal Mahto Resident of Village-Senwaria
                 Police Station-Raxaul, District-East Champaran
           4.    Radha Kumari Daughter of Chhotelal Mahto Resident of Village-Senwaria
                 Police Station-Raxaul, District-East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. Waliur Rahman, Advocate
                 For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   25-03-2026                   Heard the parties.

                                2. The petitioners are apprehending their arrest in

                   connection with Raxaul P.S. Case No. 442 of 2024, registered

                   for the offence under Sections 103, 238, 61(2), 126(2), 115(2),

                   64, 3(5) of the B.N.S., lodged on 14.11.2024 by the informant,

                   Jyoti Lal Mahto.

                                3. As per the prosecution story, the informant got

                   information that Rajpal Mahto has committed rape upon her

                   sister (XX). As he reached the place, saw the idle body of his

                   sister with torn dress. As he tried to nab the accused, Rajpal
Patna High Court CR. MISC. No.17522 of 2026(2) dt.25-03-2026
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          Mahto upon his call, the family members including the

          petitioners came and rescued him. This led to the FIR.

                       4. Learned counsel for the petitioners submit that the

          main allegation is against Rajpal Mahto who is already in

          custody. The unfortunate incident has taken place and the girl is

          no more. However, to implicate all the family members, the

          FIR. The petitioners have got no criminal antecedent and the last

          submission is that the similar accused person, namely, Krishna

          Mahto @ Krishna Mohan Kumar who is also named with the

          petitioners has been granted bail vide order dated 19.11.2025

          passed in Cr. Misc. No. 78791 of 2025. Let the same be kept on

          record.

                       5. Learned APP opposes the prayer submitting that

          though the main allegation of assault and killing is against

          Rajpal Mahto, these petitioners ensured that he escapes.

                       6. Taking into account the submissions of the parties

          as also that a categorical submission of the learned counsel for

          the petitioners and similarly place co-accused Krishna Mahto @

          Krishna Mohan Mahto has been extended relief as recorded

          above, in that background, this Court is inclined to extend him

          the privilege of anticipatory bail.

                       7. Let the petitioners be released on bail in the event
Patna High Court CR. MISC. No.17522 of 2026(2) dt.25-03-2026
                                            3/4




          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) each with two sureties of like amount each to the

          satisfaction of learned S.D.J.M., Raxaul, East Champaran at

          Motihari, in connection with Raxaul P.S. Case No. 442 of 2024,

          subject to the following conditions:-

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhar Card/Voter Id/Driving License /Pan Card) to

          show their bona fide;

                       (ii) the petitioners shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioners shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of their bail bond by the Trial Court itself;

                       (iv) the petitioners shall appear before the concerned

          police station every month for next six months to mark their

          attendance and at the end of the period a certificate be submitted

          before the Trial Court failing which the State shall be at liberty

          to take steps for cancellation of bail bonds;
            Patna High Court CR. MISC. No.17522 of 2026(2) dt.25-03-2026
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                                   (v) the petitioners shall in no way try to induce or

                      promise or threat the witnesses or tamper with the evidences,

                      failing which the State shall be at liberty to take steps for

                      cancellation of the bail bonds;

                                   (vi) the petitioners shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds.



                                                     (Rajiv Roy, J)
Ranjeet/-

U      T


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