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Patna High Court

Madhav MukhiyaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                          2/2




                        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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