Created by Fuzzy Cloud

Patna High Court

MATAR MUKHIYAversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                 ======================================================
           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
                                            2/4




          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
Patna High Court CR. MISC. No.15784 of 2026(2) dt.25-03-2026
                                            3/4




          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
          Patna High Court CR. MISC. No.15784 of 2026(2) dt.25-03-2026
                                                      4/4




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.