Patna High Court
Jhunnu Rai @ Jhunnu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions under CrPC Section 482(2).
Summary
The petitioners, Jhunnu Rai and Angad Rai, sought anticipatory bail in a case alleging kidnapping, murder and several other offences against the minor daughter of an informant. The FIR listed offences under multiple IPC sections and the POCSO Act. The petitioners argued they were innocent and that the principal accused, Guddu Rai, had already been acquitted by the Additional Sessions Judge in a related POCSO trial. The informant opposed bail, asserting the petitioners' involvement in the kidnapping and murder. Considering the general nature of the allegations and the acquittal of the main co‑accused, the Court inclined to grant anticipatory bail, directing the petitioners to furnish bail bonds if arrested within four weeks, subject to conditions under CrPC Section 482(2).
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the serious nature of the allegations.
- Whether the acquittal of the co‑accused Guddu Rai affects the bail prospects of the petitioners.
- Whether the general and omnibus allegations suffice to deny bail under the listed offences.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 120-B, 201, 302, 341, 342, 366-A, 376, 504, 506
- Prevention of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- anticipatory bail
- kidnapping
- murder
- POCSO
- general allegation
- acquittal
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5903 of 2026
Arising Out of PS. Case No.-360 Year-2023 Thana- SUGAULI District- East Champaran
======================================================
1. Jhunnu Rai @ Jhunnu Kumar S/o Angad Rai Resident of village -
Chikcknauta, P.S - Sugauli, District - East Champaran
2. Angad Rai S/o Late Badri Rai Resident of village - Chikcknauta, P.S -
Sugauli, District - East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X X W/o Rajan Patel Resident of village - Chikcknauta, P.S - Sugauli,
District - East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the State : Mr.Harendra Prasad
For the O. P. No. 2 : Mr. Vijay Shankar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 07-05-2026 1. Heard learned Counsel for the petitioner, learned Counsel
for the informant-Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Sugauli Police Station Case No. 360 of 2023, dated
22.08.2023, disclosing offences punishable under
Sections 341/342/366-A/376/302/120-B/201/504/506 Iipc
and Section 4 of the Prevention of Children from Sexual
Offences Act, 2012.
3. The prosecution case, as per the First Information Report,
Patna High Court CR. MISC. No.5903 of 2026(5) dt.07-05-2026
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is that on 20.08.2023, at 11:30 PM, co-accused Guddu
Rai, along with one another person, kidnapped the minor
daughter of the informant and when the informant, along
with his mother-in-law went to the house of said Guddu
Rai, the petitioners, who are the brother and father of
Guddu Rai, abused them. It has further been stated that on
21.08.2023, at about 12 o’clock, the informant got
information about dead body of a girl east to the house of
the informant, and when the informant went to that place,
she found the dead body to be the dead body of her minor
daughter.
4. Learned Counsel for the petitioner submits that the
petitioners are innocent and have not committed any
offence. He further submits that there is general and
omnibus allegation against the petitioners and the specific
allegation of kidnapping is against co-accused Guddu Rai,
who has been acquitted by learned Additional Sessions
Judge-VI -cum- Special Judge, POCSO, East Champaran,
at Motihari, vide judgment, dated 23.10.2024, passed in P.
Tr. No. 112 of 2023.
5. On the other hand, learned Counsel for the informant
vehemently opposes the prayer for bail and submits that
Patna High Court CR. MISC. No.5903 of 2026(5) dt.07-05-2026
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the petitioners are also involved in the kidnapping and
murder of the minor daughter of the informant.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
there is general and omnibus allegation against the
petitioners and the main co-accused, Guddu Rai, has been
acquitted in the present case, by judgment, dated
23.10.2024, passed in P. Tr. No. 112 of 2023, by learned
Additional Sessions Judge-VI -cum- Special Judge,
POCSO, East Champaran, at Motihari, I am inclined to
grant the petitioners privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within a period
of four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-VI
-cum- Special Judge, POCSO, East Champaran, at
Motihari, in connection with Sugauli Police Station Case
No. 360 of 2023, subject to the condition laid down under
Section 482 (2) of the Bharatiya Nagarik Suraksha
Patna High Court CR. MISC. No.5903 of 2026(5) dt.07-05-2026
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Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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