Patna High Court
Maheshwar Rai @ Maheshwar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is to be granted to the petitioner as there is no specific allegation against him and parity with the co‑accused who was released on bail.
Summary
Maheshwar Rai was arrested on 20 October 2025 and charged under Sections 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 for the alleged murder of an informant's daughter. The petitioner contended that he was falsely implicated and that the specific allegation pertained only to co‑accused Fulchand Rai, who had already been granted bail. The State opposed bail, arguing the seriousness of the offence. The Court observed that there was no cogent material linking the petitioner to the crime, noted the period of his custody, and considered the principle of parity with the co‑accused who had been released on bail. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 61(2)
Subjects
- bail
- false implication
- criminal procedure
- Section 103
- Section 238
- Section 61
- parity
- co-accused
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2181 of 2026
Arising Out of PS. Case No.-31 Year-2025 Thana- BIHRA District- Saharsa
======================================================
Maheshwar Rai @ Maheshwar Ray son of Late Saheb Rai Resident of
village- Patori, Ward no. 4, Ps- Bihra, Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Maharaj, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with S.T.
No. 290 of 2025, arising out of Bihra P.S. Case No. 31 of 2025
instituted for the offence under Sections 103(1), 238 & 61(2) of
the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the accused
persons including the petitioner killed the daughter of the
informant.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 20.10.2025. Petitioner
bears one criminal antecedent/s, as per disclosure made in
paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.2181 of 2026(2) dt.21-01-2026
2/2
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Learned counsel submits that the specific allegation is
against co-accused, namely, Fulchand Rai. There is no cogent
material to show the implication of the petitioner in the alleged
offence. Other co-accused has been granted bail by this Court
vide order dated 12-12-2025, passed in Cr. Misc. No. 87204 of
2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, there being no
specific allegation against the petitioner and claim based on
parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with S.T. No. 290 of
2025, arising out of Bihra P.S. Case No. 31 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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