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Patna High Court

Om Prakash MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
Patna High Court CR. MISC. No.15909 of 2026(2) dt.25-03-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.15909 of 2026(2) dt.25-03-2026
                                                         3/3




                       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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