Patna High Court
MATAR MUKHIYAversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to petitioners 2, 4 and 5 and rejected it for petitioners 1 and 3, subject to the conditions prescribed under the BNSS, 2023.
Summary
The petitioners, five residents of Harkatawa village, sought anticipatory bail after an FIR was lodged under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging that they assaulted an informant and his brothers with iron rods and destroyed his tractor. The petitioners argued that they were innocent, that the FIR was filed three days after the alleged incident, and that specific allegations were made only against petitioners 1 and 3, while the others faced only vague accusations. The State contended that there were specific allegations against petitioners 1 and 3 and opposed bail for all. The High Court granted anticipatory bail to petitioners 2, 4, and 5 subject to a Rs.30,000 bail bond and conditions under Section 482(2) of the BNSS, 2023, but rejected anticipatory bail for petitioners 1 and 3, directing the trial court to consider their surrender‑cum‑bail applications. The court also directed verification of criminal antecedents of the granted bail petitioners and cancellation of bail if concealment is found.
Issues considered
- Whether anticipatory bail should be granted to each of the five petitioners under the Bharatiya Nyaya Sanhita, 2023.
- Whether the delay of three days in lodging the FIR affects the grant of bail.
- Whether specific allegations against petitioners 1 and 3 justify denial of anticipatory bail while the others face only general accusations.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 2(1)(d), 324, 329(3), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal antecedents
- FIR delay
- assault
- Bharatiya Nyaya Sanhita
- BNSS 2023
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15784 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- ADAPUR District- East Champaran
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1. MATAR MUKHIYA S/o Yogendra Mukhiya R/o village- Harkatawa, ward
no 12, PS- Adapur, Dist- East Champaran
2. Bipin Kumar S/o Hira Mukhiya R/o village- Harkatawa, ward no 12, PS-
Adapur, Dist- East Champaran
3. Balister Mukhiya S/o Chandradeo Mukhiya R/o village- Harkatawa, ward no
12, PS- Adapur, Dist- East Champaran
4. Gajendra Mukhiya S/o Ramnath Mukhiya R/o village- Harkatawa, ward no
12, PS- Adapur, Dist- East Champaran
5. Subhash Mukhiya S/o Chandradeo Mukhiya R/o village- Harkatawa, ward
no 12, PS- Adapur, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Adapur P.S. Case No. 332 of 2025, dated
10.09.2025, lodged under Sections 115(2), 126(2), 118(1), 109,
329(3), 324, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution, FIR has been lodged against
11 named accused persons, including the present petitioner,
Patna High Court CR. MISC. No.15784 of 2026(2) dt.25-03-2026
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alleging that the accused persons brutally assaulted the
informant and his brothers with iron rods, bamboo sticks, farsa,
and lathis, resulting in injuries to his brothers. It is also alleged
that they demolished the informant’s tractor.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
further submits that the criminal antecedents of petitioner Nos.
1, 3, and 4 are not clean, as there is one criminal case pending
against them, whereas petitioner Nos. 2 and 5 have clean
criminal antecedents. Counsel further submits that there are no
specific allegations against petitioner Nos. 2, 4, and 5, and the
allegations made are general and omnibus in nature. He further
submits that there is a delay of three days in lodging the FIR, as
the date of occurrence is 07.09.2025, whereas the FIR was
lodged on 10.09.2025. Counsel also submits that both the
petitioners and the informant’s side are co-villagers.
5. Learned APP for the State opposes the petitioners’
prayer for bail and submits that there are specific allegations
against petitioner Nos. 1 and 3 that they brutally assaulted the
informant and his brothers, resulting in injuries.
6. As such, in the present facts and circumstances of
this case, let the petitioner Nos. 2, 4, & 5, namely, Bipin
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Kumar, Gajendra Mukhiya & Subhash Mukhiya be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bonds of Rs.30,000/- (Rupees Thirty Thousand) each, as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Judicial Magistrate, First Class, Raxaul, Motihari,
District- East Champaran, in connection with Adapur P.S. Case
No. 332 of 2025, subject to the conditions as laid down U/s
482(2) of the BNSS, 2023.
7. So far as the bail application of the petitioner Nos.
1 & 3, namely, MATAR MUKHIYA and Balister Mukhiya are
concerned, their bail applications are hereby rejected, with a
liberty that in case, the petitioner Nos. 1 & 3 surrender within
four weeks before the Trial Court, then the Trial Court is
directed to pass order on their surrender-cum-bail applications
on the same day without being prejudice that the anticipatory
bail of the petitioner Nos. 1 & 3 has been rejected by this Court
and the Trial Court shall pass order on the merit of this case.
8. It is further directed that the Trial Court shall verify
the criminal antecedents of the petitioner Nos. 2, 4, & 5, and in
case it is found at any stage that the petitioner Nos. 2, 4, & 5 has
concealed their criminal antecedents, the Trial Court shall take
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steps for cancellation of the bail bonds of petitioner Nos. 2, 4,
and 5. However, the acceptance of the bail bond in terms of the
above-mentioned order shall not be delayed for the purpose of
or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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