Patna High Court
Rajaram MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
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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
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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
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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;
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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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