Patna High Court

Loha MukhiyaversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL REJECTED
Bench: ALOK KUMAR SINHA

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, Loha Mukhiya and Tuna Mukhiya, sought anticipatory bail in a murder case (PS Case No. 239 of 2025) alleging they were falsely implicated due to village politics. The prosecution alleged that the petitioners, along with co‑accused, murdered the informant's brother, with a co‑accused Bira Mukhiya confessing to the crime and describing the disposal of the body. The petitioners claimed innocence and that no material evidence linked them to the offence. The State opposed the bail, emphasizing the seriousness of the allegations and corroborative witness testimony. The Court, after reviewing the record, found the allegations grave and declined to grant anticipatory bail, rejecting the petition.

Issues considered

Whether anticipatory bail should be granted to the petitioners in a murder case under Sections 103(1), 238(a) and 3(5) of the BNS.

Legislation cited

BNS — s. 103(1), 238(a), 3(5)

Subjects

anticipatory bail
murder
criminal procedure
BNS
Sections 103, 238, 3
Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10862 of 2026
                      Arising Out of PS. Case No.-239 Year-2025 Thana- GOVINDGANJ District- East
                                                       Champaran
                 ======================================================
           1.     Loha Mukhiya S/O Jhabar Mukhiya R/O Vill.- Kohbarwa, P.s.- Govindganj,
                  District- East Champaran, Motihari.
           2.    Tuna Mukhiya @ Tun Kumar Mukhiya S/O Jhabar Mukhiya R/O Vill.-
                 Kohbarwa, P.s.- Govindganj, District- East Champaran, Motihari.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar
                 For the Opposite Party/s :       Mr.Nand Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   01-04-2026                         Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 103(1),

                   238(a) and 3(5) of the BNS in connection with Gobindganj

                   P.S.Case No. 239 of 2025.

                                3. As per prosecution case, the informant being

                   distressed and alarmed about disappearance of his brother,

                   started searching for him, but failed to trace him out. After a few

                   days, he heard that a body was hanging from a tree in Kohbarwa

                   Saw’s courtyard. He identified the body of his brother. It is

                   alleged that it was the handiwork of the petitioners and other
Patna High Court CR. MISC. No.10862 of 2026(3) dt.01-04-2026
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          accused persons, who orchestrated the killing of the brother of

          the informant.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case due to village politics. The petitioner was not

          present at the time of occurrence and during the course of

          investigation, the police have not found any material against the

          petitioners.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. From perusal of the record, it appears that the

          allegation against the petitioners is that they along with other

          co-accused persons committed the murder of the deceased. The

          witnesses examined during the course of investigation have

          corroborated the case of the prosecution, as it appears from the

          impugned order. It further appears from the case diary that

          other accused person Bira Mukhiya admitted that he along with

          the petitioners has committed the murder of the deceased and

          took the dead-body of the deceased to the sugarcane field

          behind their house and hung it from the Jamun tree in the

          Khobarwa Sav Jirat and poured chemical over the dead-body

          and distorted the face and body of the deceased.
           Patna High Court CR. MISC. No.10862 of 2026(3) dt.01-04-2026
                                                       3/3




                                  7.    Considering the seriousness of the allegation

                     against the petitioners, I am not inclined to grant the privilege

                     of anticipatory bail to the petitioners and hence it is rejected.




                                              (Alok Kumar Sinha, J)

HR/-

U      T

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