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Patna High Court

Jivan Mukhiya @ Jivan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court held that anticipatory bail cannot be granted as the suspicion against the petitioner is strong.

Summary

The petitioner, Jivan Mukhiya, filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in a murder case (PS Case No. 58 of 2025) where he is accused under Sections 103, 238 and 3(5) of the Bhartiya Nyay Sanhita, 2023. The FIR alleges that the petitioner called the informant's son, who was later found dead in a canal, and the weapon was recovered. The petitioner argued that he has a clean antecedent and the case is based solely on circumstantial evidence, while the informant and the State contended that the circumstances point to strong suspicion against him. After hearing both sides, the Court declined to grant anticipatory bail, stating that the suspicion was too strong. However, the Court indicated that regular bail could be considered if the petitioner surrenders within four weeks, without prejudice to this order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482 of the BNSS, 2023 in view of the alleged murder.
  • Whether the facts and circumstances disclosed in the FIR constitute sufficient ground to deny anticipatory bail.
  • Whether surrender by the petitioner within a stipulated period would affect the consideration of regular bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • criminal miscellaneous
  • bail denial
  • murder case
  • suspicion
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14157 of 2026
                      Arising Out of PS. Case No.-58 Year-2025 Thana- PARSAUNI District- Sitamarhi
                 ======================================================
                 Jivan Mukhiya @ Jivan Kumar Son of Late Mana Mukhiya @ Satyanarayan
                 Mukhiya Resident of Village- Vishnpur Dhodhani, P.S.- Parsauni, District-
                 Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   06-05-2026                     Heard learned Counsel for the petitioner, learned

                   Counsel for the Informant and learned APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioner, who apprehends

                   arrest in connection with Parsauni P.S. Case No. 58 of 2025,

                   lodged on 17.04.2025,             under Sections 103/238/3(5) of the

                   Bhartiya Nyay Sanhita, 2023, pending in the Court of learned

                   Judicial Magistrate, 1st Class, Sitamarhi.

                                3. As per the prosecution, the FIR has been lodged

                   against three named accused persons including the present

                   petitioner. The allegation made by the informant is that his son
Patna High Court CR. MISC. No.14157 of 2026(3) dt.06-05-2026
                                            2/3




          was called by the petitioner and on the subsequent date his

          dead-body was recovered in a nearby canal and on this

          suspicion the case has been lodged.

                       4. Learned Counsel for the petitioner submits that the

          antecedent of the petitioner is clean. He submits that it is a case

          of circumstantial evidence and petitioner has unnecessarily been

          made accused in this case.

                       5. Learned Counsel for the informant vehemently

          opposes the prayer for bail and submits that it is the petitioner

          who called the son of the informant at the night and on the next

          day his dead body was recovered. Counsel submits that the

          weapon used in the crime has also been recovered.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that it is true that it is a case of

          suspicion but extremely strong suspicion is against the petitioner

          as the son of the informant went at the night with the petitioner

          and next day his dead body was recovered.

                       7. Considering the facts and circumstances, this Court

          is not inclined to grant anticipatory bail to the petitioner. Hence,

          the prayer for anticipatory bail of the petitioner is hereby

          rejected. However, in the event of surrender of the petitioner

          within four weeks from today, the prayer for regular bail shall
          Patna High Court CR. MISC. No.14157 of 2026(3) dt.06-05-2026
                                                      3/3




                    be considered without being prejudiced by the order of this

                    Court.

                                                                         (Dr. Anshuman, J)
    Mkr./-

U     T


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