Patna High Court

Abhay KumarversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that the prima facie allegations against the petitioner are general and omnibus, warranting the grant of bail.

Summary

The petitioner, Abhay Kumar, was named in an FIR for offences under the Bhartiya Nyaya Sanhita relating to a rape‑murder case in which co‑accused Rajpal Mahto was the principal offender. The petitioner was alleged to have helped rescue Rajpal from the custody of the informant and villagers after the crime. The petitioner’s counsel argued that he has a clean antecedent and is merely a co‑villager caught up in village politics. The State opposed bail, but the court observed that the allegations against the petitioner were general and omnibus in nature. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNS.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the BNS.
Whether the allegations against the petitioner constitute a specific charge or are general and omnibus, justifying bail.

Legislation cited

Bhartiya Nyaya Sanhita — s. 103, 115(2), 126(2), 238, 482(2), 61(2), 64 read with 3(5)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
general and omnibus allegation
Bhartiya Nyaya Sanhita
Criminal Procedure Code
prima facie
rape-murder case
co‑villager
bond
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89248 of 2025
                   Arising Out of PS. Case No.-442 Year-2024 Thana- RAXAUL District- East Champaran
                 ======================================================
                 Abhay Kumar, S/o Hari Mohan Mahto, Resident of Village-Senwariya, P.S.-
                 Raxaul, District- East Champaran.
                                                                           ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhurendra Kumar, Advocate
                                                  Mr. Sumit Kumar, Advocate
                                                  Mr. Sudhanshu Kumar, Advocate
                 For the Opposite Party/s :       Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-02-2026                   Heard learned counsel appearing for the petitioner and

                   learned APP for the State.

                                 2. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Raxaul P.S. Case No.

                   442 of 2024 registered for the offences punishable under Sections

                   103, 238, 61(2), 126(2), 115(2), 64 read with 3(5) of the Bhartiya

                   Nyaya Sanhita (in short ‘BNS’).

                                 3. As per FIR, co-accused Rajpal Mahto committed rape

                   and murder of the sister of informant while she was working in field,

                   upon information he returned home and caught hold main co-

                   accused Rajpal Mahto along with co-villagers, whereafter his family

                   members and other co-villagers including petitioner arrived there
Patna High Court CR. MISC. No.89248 of 2025(2) dt.09-02-2026
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          and took away the main co-accused Rajpal Mahto from their

          custody.

                       4. It is submitted by learned counsel appearing on behalf

          of the petitioner that petitioner implicated with this case being co-

          villager out of village politics, facing general and omnibus allegation

          to take away main co-accused Rajpal Mahto from the custody of the

          informant and others after committing present crime in question.

          While concluding argument, it is submitted that the 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 prima-facie allegation against petitioner appears

          general and omnibus, as being co-villager petitioner helped to

          rescue main co-accused namely, Rajpal Mahto from the custody of

          informant and others who caught hold him after alleged offence,

          accordingly, petitioner, above-named, in the event of his arrest or

          surrender before the court below within a period of four weeks, is

          directed to be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned SDJM, Raxaul, East

          Champaran, Motihari/concerned Court, where the case is pending in
          Patna High Court CR. MISC. No.89248 of 2025(2) dt.09-02-2026
                                                      3/3




                    connection with Raxaul P.S. Case No. 442 of 2024, 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.)
    Sanjeet/-

U     T

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