Patna High Court
Om Prakash MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Om Prakash Mukhiya, sought anticipatory bail in connection with a FIR (Bhimpur P.S. Case No. 33 of 2020) alleging his participation in a violent assault on an informant over a land dispute, involving offences under multiple sections of the Indian Penal Code. The prosecution alleged that the petitioner, along with other accused, assaulted the informant and her family, causing injuries and damage to clothing. The petitioner claimed innocence, stating that both parties have pending cases against each other and that the dispute is a civil land matter. The State opposed bail, highlighting the petitioner’s criminal antecedent of two pending cases and the specific allegations against him in the FIR. The Court, after considering the seriousness of the offences and the petitioner’s prior criminal record, declined to grant anticipatory bail, directing that if he surrenders within four weeks, the trial court should promptly decide his bail application on merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the serious offences alleged and his prior criminal antecedent.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 325, 341, 354(b), 380, 448, 504
Subjects
- anticipatory bail
- Indian Penal Code
- criminal antecedent
- land dispute
- violent assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15909 of 2026
Arising Out of PS. Case No.-33 Year-2020 Thana- BHIMPUR District- Supaul
======================================================
Om Prakash Mukhiya S/O Late Tetar Mukhiya Resident of village -
Jeebachpur, Police Station - Bhimpur, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Bhimpur P.S. Case No. 33 of 2020 lodged on 30.05.2020,
for the offence punishable under Sections 147, 148, 149, 448,
341, 323, 325, 324, 307, 354(B), 380 & 504 of the Indian Penal
Code, pending in the Court of Judicial Magistrate 1 st Class,
Supaul.
3. As per the prosecution, FIR has been lodged against
25 named accused persons including the present petitioner and
8-10 unknown persons alleging that they were trying to occupy
the residential house of the informant and when the informant
objected against the conduct of the accused persons, then all the
accused persons caught hold the informant and assaulted her by
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kick and fist and also dragged her. From the said assault, the
clothes of the informant were also torn. The petitioner along
with other accused persons also assaulted the informant and her
family members, due to which injury has been caused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that both parties are co-villagers and there is admitted
land dispute between them. Counsel submits that there are case
and counter case from both the sides and both the sides have
sustained injuries. Counsel further submits that the criminal
antecedent of the petitioner is not clean, as there are two cases
pending against him and in both the cases, he is on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is not clean as there are two cases pending against
him and as per the FIR, there is specific allegation also against
the present petitioner and this aspect must be taken into
consideration.
6. In the present facts and circumstances, this Court is
not inclined to grant bail to the petitioner. Accordingly, the
prayer for anticipatory bail of the petitioner stands rejected.
7. Liberty is hereby granted to the petitioner that if, he
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surrenders before the concerned Trial Court within a period of 4
weeks from today, then in that case, the Trial Court is directed to
pass order on his surrender-cum-bail application on the same
day, without being prejudice that the anticipatory bail of the
petitioner has been rejected by this Court and the Trial Court
shall pass order on the merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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