Patna High Court
Vinod MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Vinod Mukhiya and Ram Prasad Mukhiya, were charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting an informant with a lathi and fatta, causing injuries, disrobing her, and snatching her mangalsutra on 10-12-2025. They contended that the allegations were false and stemmed from a prior land dispute, asserting that the injuries were minor and that the case was based on a general, omnibus accusation. The State opposed bail, emphasizing the seriousness of the offences and the filing of a charge‑sheet. The court noted that the charge‑sheet had been filed and the petitioners had already spent considerable time in custody, but found no compelling reason to deny bail. Consequently, the court granted bail to both petitioners upon furnishing bail bonds of Rs. 15,000 each with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the existence of a charge‑sheet and the period of custody already undergone justify denial of bail.
- Whether the alleged motive of a land dispute and the claim of minor injuries affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- assault
- theft
- land dispute
- Bharatiya Nyaya Sanhita
- violence against women
- charge-sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16402 of 2026
Arising Out of PS. Case No.-625 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
1. Vinod Mukhiya Son of Ram Prasad Mukhiya Resident of Village- Ajagari
Khichariya Tola, P.S.- Banjariya, District- East Champaran
2. Ram Prasad Mukhiya Son of Late Bipat Mukhiya Resident of Village-
Ajagari Khichariya Tola, P.S.- Banjariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Harsh Shashwat, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Banjariya P.S. Case No. 625 of 2025 instituted for the offences
under Sections 191(2), 190, 126(2), 115(2), 109, 74, 303(2),
352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution story, in short, is that on 10.12.2025 at
about 08:00 P.M., the petitioners and others allegedly came
armed with lathi and fatta, abused the informant and assaulted
her, causing injuries on her head and below the eye, and dragged
her on the ground, tearing her clothes and disrobing her. It is
further alleged that the wife of petitioner no. 2 Ram Prasad
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Mukhiya snatched the informant’s mangalsutra.
4. Learned counsel for the petitioners submitted that
petitioners are innocent and have falsely been implicated in the
present case due to previous land dispute. Learned counsel for
the petitioners submitted that general and omnibus allegation
has been made against these petitioners. Learned counsel further
submitted that from perusal of the FIR, it appears that petitioner
no. 1 is alleged to have assaulted the informant with lathi
causing injuries below her eye whereas petitioner no. 2 is
alleged to have assaulted the informant by means of fatta on her
head. Learned counsel further submitted that the injuries
sustained by the informant is simple in nature. Learned counsel
further submitted that there is case and counter-case between the
parties. Learned counsel further submitted that charge-sheet has
also been submitted. It has been submitted on behalf of the
petitioners that the petitioner no. 1 is in custody since
12.12.2025 whereas petitioner no. 2 is in custody since
29.12.2025. Petitioner no. 1 has two criminal antecedents
whereas petitioner no. 2 has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
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of the case, charge-sheet already being submitted as also the
period of custody undergone by the petitioners, this Court is
inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Banjariya P.S. Case
No. 625 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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