Patna High Court
Binod Mukhiya @ Vinod MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
The petitioner, Binod Mukhiya, was arrested in connection with a FIR alleging that he stabbed the husband of an informant and ordered two other individuals, Mukesh Kumar Mukhiya and Rupesh Mukhiya, to commit the murder. He faced charges under multiple sections of the B.N.S.S. and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner pleaded innocence, claimed he had no criminal antecedent, and argued that the main assailants were the two named co‑accused, not himself. The State opposed the bail application, citing the seriousness of the offences. The High Court, after noting that the investigation was complete, the chargesheet filed, and the petitioner’s clean record, granted regular bail on a Rs.10,000 bond with several conditions, including personal surety, attendance at trial, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the grave nature of the charges under the B.N.S.S. and the Bihar Prohibition and Excise Act
- Whether the petitioner’s alleged role as an alleged conspirator warrants denial of bail
Legislation cited
- B.N.S.S. — s. 109, 115(2), 118(1), 118(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- conspiracy
- murder
- Bihar law
- B.N.S.S. sections
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11204 of 2026
Arising Out of PS. Case No.-201 Year-2024 Thana- BIHRA District- Saharsa
======================================================
Binod Mukhiya @ Vinod Mukhiya, son of Late Pauti Mukhiya, Resident of
village-Purikh Ward No.02, P.S.-Bihra, District-Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Adv.
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Bihra
P.S. Case No. 201 of 2024 instituted for the offences punishable
under Sections under Sections 109, 115(2), 191(2), 191(3), 190,
118(1), 118(2), 126(2), 352, 351(2) and 351(3) of the B.N.S.S.
and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation in the FIR, petitioner stabbed
knife in the chest of the informant’s husband with an intention
to killing him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
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falsely been implicated in this case due to ulterior motive of the
informant. Learned counsel for the petitioner further submits
that the main assailants are Mukesh Kumar Mukhiya and
Rupesh Mukhiya. The allegation against the petitioner is of
ordering Mukesh Kumar Mukhiya and Rupesh Mukhiya to kill
the husband of the informant, the main assailant, therefore, is
not the petitioner. The petitioner is in custody since 23.11.2025
and investigation has been completed and chargesheet has
already been filed. Petitioner does not have any criminal
antecedent.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. The main assailants are alleged to be Mukesh
Kumar Mukhiya and Rupesh Mukhiya. The allegation against
the petitioner is of ordering Mukesh Kumar Mukhiya and
Rupesh Mukhiya to kill the husband of the informant. The main
assailant, therefore, is not the petitioner. The petitioner is in
custody since 23.11.2025 and it is stated at the bar that
investigation has been completed and chargesheet has already
been filed. This contention is not disputed by the learned APP.
In paragraph-3, it has been stated that the petitioner does not
have any criminal antecedent.
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7. Considering all these facts and circumstances, let
the petitioner above named, 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 court below where the case is pending/successor
court in connection with Bihra P.S. Case No. 201 of 2024,
subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates
without substantial reason or in violation of the terms of the
bail, the bail bond of the petitioner will be liable to be cancelled
by the Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
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petitioner. However, the acceptance of bail bond in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
8. Accordingly, the prayer for bail is allowed.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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