Patna High Court
Madhav MukhiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 each with two sureties.
Summary
The petitioners, Madhav Mukhiya and Yadav Mukhiya, were charged under Sections 147, 148, 341, 323, 307, 354, 504 and 324 of the Indian Penal Code for allegedly assaulting an informant, her husband and a third person. They contended that they were falsely implicated, the injuries were simple, the charge‑sheet had already been filed and there was no risk of flight or evidence tampering. The State opposed the bail application, citing the seriousness of the offences. The Court examined the facts, the length of judicial custody since 10‑12‑2025, and the petitioners' lack of prior serious convictions. It ordered that regular bail be granted on a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, East Champaran.
Issues considered
- Whether regular bail should be granted to the accused in a case involving multiple serious IPC offences including assault and attempt to murder.
- Whether the petitioners pose a risk of absconding, tampering with evidence, or influencing witnesses.
Legislation cited
- Indian Penal Code — s. 147, 148, 307, 323, 324, 341, 354, 504
Subjects
- regular bail
- Indian Penal Code
- assault
- attempt to murder
- judicial custody
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12653 of 2026
Arising Out of PS. Case No.-1104 Year-2023 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Madhav Mukhiya S/o Tulsi Mukhiya @ Tulsi Mukhia Resident of Village -
Chailaha Bin Toli, P.S - Banjaria, District - East Champaran at Motihari
2. Yadav Mukhiya S/o Tulsi Mukhiya @ Tulsi Mukhia Resident of Village -
Chailaha Bin Toli, P.S - Banjaria, District - East Champaran at Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek regular bail in connection with
Turkauliya (Banjaria) P.S. Case No. 1104 of 2023 for the
offences registered under Sections 147, 148, 341, 323, 307, 354,
504 and 324 of the I.P.C.
3. It is alleged in the prosecution case that on the date
of occurrence, petitioners along with F.I.R. named accused
persons, who are co-sharers of the informant, started abusing the
informant. On protest, accused persons assaulted the informant,
her husband and Bhaisur causing injuries to them.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.12653 of 2026(2) dt.26-02-2026
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petitioners are innocent and have falsely been implicated in this
case. Injuries on the injured are simple in nature. After
completion of investigation, charge-sheet has already been
submitted. There is no chance of absconding the petitioners or
tampering with the evidence. Petitioners have one criminal
antecedent in which they are on bail. Petitioners are in judicial
custody since 10.12.2025.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioners.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case and period of
custody undergone, let the petitioners, named above, be
enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, East
Champaran, Motihari in connection with Turkauliya (Banjaria)
P.S. Case No. 1104 of 2023.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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