Patna High Court
Raja Mahto @ Raja BabuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, subject to a bond and sureties, as no abduction charge was made against him.
Summary
The petitioner, Raja Mahto, was named in an FIR relating to alleged offences under several sections of the BNS and the POCSO Act, stemming from an incident where co‑accused Nitish Kumar and Kundan Kumar allegedly abducted two minor girls. The petitioner, who is the elder brother of Nitish Kumar, was accused of assault and abuse of the informant after the abduction was reported to him. The petitioner sought bail, arguing that the abduction charge was directed only at his brother and that he has a clean antecedent. The learned Additional Sessions Judge had previously granted regular bail to Nitish Kumar. The High Court, noting the absence of any abduction allegation against the petitioner and considering the contradictions in the victim’s statement, ordered his release on bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner, though named in the FIR, is entitled to bail in the absence of a direct abduction allegation against him
- Whether the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNSS justify granting bail
Legislation cited
Subjects
- bail
- POCSO Act
- abduction of minors
- Criminal Procedure Code
- Section 438
- Section 482
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27099 of 2026
Arising Out of PS. Case No.-326 Year-2025 Thana- NAUTAN District- West Champaran
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Raja Mahto @ Raja Babu S/o Sri Teku Mahto Resident of village - Tola
Sansaraiya, Ward No. 10, P.S - Bettiah Mufassil, District - West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o Village - Khadda Purandarpur, P.S - Nautan, District - West
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Nautan P.S. Case
No. 326 of 2025 registered for the offences punishable
under Sections 126(2), 115(2), 137(2), 87, 351(2) and
3(5) of the BNS and Sections 8/12 of the POCSO Act.
3. As per FIR, co-accused persons namely Nitish
Kumar and Kundan Kumar abducted two minor daughters of
informant aged 17 and 12 years, respectively and when this
occurrence was reported to this petitioner in capacity of elder
brother of one of the co-accused Nitish Kumar, he alleged
assault and abuse the informant.
Patna High Court CR. MISC. No.27099 of 2026(2) dt.28-04-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioner that after recovery statement of
victim was recorded under Section 183 of the BNSS, where
there was lot of contradiction and inconsistency over FIR. It
is pointed out that considering the aforesaid aspect the main
co-accused Nitish Kumar who alleged to abducted minor
daughters of informant was granted regular bail by one of
the learned Co-ordinate Bench of this Court through Cr.
Misc. No. 7130 of 2026 dated 01.04.2026. It is submitted
that petitioner is the elder brother of said co-accused Nitish
Kumar against whom allegation is only of abuse and assault.
While concluding argument, it is submitted that above
named 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 allegation of abduction is not available
against this petitioner, rather same is available against his
brother, accordingly petitioner above-named, in the event of
his arrest or surrender before the court below within a period
Patna High Court CR. MISC. No.27099 of 2026(2) dt.28-04-2026
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of four weeks, is directed to be released on bail, furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge-VI cum the Special Judge,
POCSO Act, West Champaran at Bettiah/concerned Court,
where the case is pending in connection with Nautan P.S.
Case No. 326 of 2025, 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.)
S.Tripathi/-
U T
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