Patna High Court
Jivan Mukhiya @ Jivan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bhartiya Nyay Sanhita — s. 103, 238, 3(5)
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
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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
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be considered without being prejudiced by the order of this
Court.
(Dr. Anshuman, J)
Mkr./-
U T
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