Patna High Court
Rajendra MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner, subject to a cash deposit of Rs 10,000 and specified conditions.
Summary
The petitioner, Rajendra Mukhiya, sought anticipatory bail fearing arrest in a case (PS Case No‑241/2025) involving alleged possession of 35.5 litres of country‑made liquor and assault on police officers, filed under multiple sections of the B.N.S., 2023. The prosecution’s informant claimed the petitioners tried to flee, were found with the liquor, and injured him during the incident, leading to two FIRs. The petitioner’s counsel argued that the FIR was exaggerated, no injury report existed, and offered to pay Rs 10,000 to the informant for medical treatment. The State opposed the bail, emphasizing the recovery of liquor from the motorcycle and the alleged assault. Considering the lack of an injury report and the petitioner’s willingness to compensate the informant, the court granted anticipatory bail with a cash deposit of Rs 10,000 and several conditions, including regular appearances before police and the trial court. The order directs that bail be released within four weeks of arrest or surrender, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of possession of illicit liquor and assault on police officers under the B.N.S., 2023.
- Whether the petitioner’s offer to pay Rs 10,000 to the informant influences the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 115(2), 117(2), 118(1), 121(2), 126(2), 132, 303(2), 3(5)
Subjects
- anticipatory bail
- illicit liquor
- assault on police
- B.N.S. 2023
- criminal procedure
- bail conditions
- payment to informant
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17279 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Rajendra Mukhiya S/O Mahendra Mukhiya Resident of Village- Missi, Ward
No.13, Police Station- Kusheshwar Asthan, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Kusheswhar Asthan P.S. Case No. 241 of 2025,
registered for the offence under Sections 126(2) /115(2) /117 (2)
/132/303(2)/118(1)/121(2)/121(2)/3(5) of the B.N.S., 2023
lodged on 13.08.2025 by the informant, Ajay Kumar.
3. As per the prosecution story, the informant alleged
that during motorcycle checking, found two persons carrying a
plastic bag. As they tried to escape, fell into the ditch having
mud. However, he manage to escape from the place taking
benefit of darkness. From the bag, there is/was recovery of
35.500 litres of country made liquor. This led to the seizure/FIR.
Later, the informant went to the village and found two persons
who were fully covered in mud. Their names were Govind
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Mukhiya and Rajendra Mukhiya (petitioner). Further, they
attacked the police party causing injury on the head and also
damaged the motorcycle. This led to the second FIR.
4. Learned counsel for the petitioner submit that
though exaggerated FIR is there, so far as this case is concern
nothing is on record to show that the informant ever hit on his
head and hand.
5. The last submission is that without accepting the
allegation or outcome of the present petition, the petitioners
intent to pay Rs. 10,000/- (Rs. Ten Thousand only) to the
informant towards treatment by Demand Draft issued by the
local branch of the State Bank of India/any Nationalized Bank
to be submitted at the time of execution of bail bond.
6. Learned APP opposes the prayer submitting that the
liquor was also recovered from the motorcycle and the
petitioner also assaulted the informant.
7. Taking into account the submissions of the parties
as also that a categorical submission of the learned counsel for
the petitioner that the injury report is not on record, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions subject to payment of Rs.
10,000/- as undertaken by the learned counsel for the petitioner
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to be paid by Demand Draft of local State Bank of India
branch/any Nationalized bank branch to be submitted to the
Trial Court and handed over to the informant.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Special Judge-1 (Excise Act), Darbhanga,
in connection with Kusheswhar Asthan P.S. Case No. 241 of
2025, subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License /Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
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police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
Ranjeet/-
U T
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