Created by Fuzzy Cloud

Patna High Court

Chutahru MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to petitioners 1, 3 and 4 but denied it to petitioner 2 (Buddhu Mukhiya) due to the serious allegation of causing grievous injury.

Summary

Four individuals (Chutahru, Buddhu, Sapen and Biren Mukhiya) sought anticipatory bail fearing arrest in a case (Jadia PS Case No.94 of 2025) alleging multiple offences under the B.N.S., 2023, including assault and grievous injury. The FIR, filed 28 days after the incident, alleged that the accused entered the informant's house armed, demolished her hut and assaulted her, her son and husband, with Buddhu Mukhiya specifically accused of inflicting a grievous injury on the informant's son using a farsa. The petitioners argued innocence, delay in filing the FIR, simple nature of most injuries and clean antecedents. The court examined the allegations, noting that only Buddhu Mukhiya faced a serious charge of causing grievous injury, while the others were linked to simple injuries. Consequently, the court granted anticipatory bail to petitioners 1, 3 and 4 with a Rs.10,000 bond and verification conditions, but denied bail to Buddhu Mukhiya, citing the seriousness of the specific allegation against him.

Issues considered

  • Whether anticipatory bail should be granted to all petitioners in view of the allegations and the delay in filing the FIR
  • Whether the specific allegation of causing grievous injury by petitioner no.2 warrants denial of bail

Legislation cited

  • B.N.S., 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303(2), 324(2), 351(2), 352, 74
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • FIR delay
  • assault
  • grievous injury
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20590 of 2026
                         Arising Out of PS. Case No.-94 Year-2025 Thana- JADIA District- Supaul
                 ======================================================
           1.     Chutahru Mukhiya S/O Bauku Mukhiya Resident of Village - Naya Nagar
                  (Moharrampur), Ward No. 18, Police Station - Jadiya, District - Supaul
           2.    Buddhu Mukhiya @ Buddh Mukhiya Son of Boku Mukhiya Resident of
                 Village - Naya Nagar (Moharrampur), Ward No. 18, Police Station - Jadiya,
                 District - Supaul
           3.    Sapen Mukhiya @ Sepan Mukhiya Son of Ram Prasad Mukhiya Resident of
                 Village - Naya Nagar (Moharrampur), Ward No. 18, Police Station - Jadiya,
                 District - Supaul
           4.    Biren Mukhya Son of Maheshwari Mukhiya Resident of Village - Naya
                 Nagar (Moharrampur), Ward No. 18, Police Station - Jadiya, District -
                 Supaul

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Patla Kumari, Advocate
                 For the Opposite Party/s :        Mrs. (Dr.) Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   08-04-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. appearing for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Jadia P.S. Case No.94 of 2025, for having allegedly

                   committed offences under Sections 191(2), 190, 126(2), 115(2),

                   118(1), 117(2), 109(1), 74, 324(2), 303(2), 352 and 351(2) of

                   the B.N.S., 2023.

                                3. As per the prosecution case, registered on the basis

                   of written report submitted by the informant, on 04.04.2025, all
Patna High Court CR. MISC. No.20590 of 2026(2) dt.08-04-2026
                                            2/4




          the accused persons named in the FIR came to the house of the

          informant armed with iron rod and other arms and started

          demolishing the hut of the informant. When the informant tried

          to stop them, all the accused persons started assaulting the

          informant. The petitioners no.2 and 4 caught hold of the

          informant and assaulted her with leg and fist. When the son of

          the informant came to rescue her, accused Ram Prasad Mukhiya

          caught hold of him and the petitioner no.2 assaulted him on his

          head with a farsa due to which he sustained injuries and fell

          unconscious. When the husband of the informant came back to

          his village, upon receiving information, co-accused Parsuram

          Mukhiya assaulted him with iron rod and petitioner no.3 broke

          his hand.

                       4. The learned counsel for the petitioners submits that

          all the petitioners are innocent and the First Information Report

          has been lodged after a delay of almost 28 days and there is no

          explanation for such delay. It is further submitted that, as per the

          injury report, the injury sustained by the informant is simple in

          nature, however her son and her husband have some injuries,

          out of which, one injury was found to be grievous in nature. It is

          also submitted that the petitioners have got clean antecedent.

                       5. The learned A.P.P. for the State opposes the prayer
Patna High Court CR. MISC. No.20590 of 2026(2) dt.08-04-2026
                                            3/4




          for bail.

                       6. Having heard the learned counsel for the parties

          and after going through the records, it transpires that specific

          allegation of assaulting the son of the informant with farsa is on

          petitioner no.2, Buddhu Mukhiya @ Buddh Mukhiya due to

          which, the son of the informant sustained grievous injury and

          apart from the same, other injuries on the informant and her son

          are found to be simple in nature.

                       7. Taking into consideration the facts aforesaid, let

          petitioners no.1, 3 and 4, above-named, in the event of their

          arrest or surrender within a period of six weeks, be released on

          bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of the learned District & Additional Sessions Judge-

          IV, Supaul in connection with Jadia P.S. Case No.94 of 2025,

          subject to the conditions laid down under Section 482(2) of the

          B.N.S.S. with a further condition that:-

                       The learned court concerned shall verify the criminal

          antecedent of the petitioners and in case at any stage it is found

          that the petitioners have concealed their criminal antecedent, the

          court concerned shall take steps for cancellation of bail bonds of

          the petitioners. However, the acceptance of bail bonds in terms
               Patna High Court CR. MISC. No.20590 of 2026(2) dt.08-04-2026
                                                           4/4




                         of the above-mentioned order shall not be delayed for purpose

                         of or in the name of verification.

                                      8. So far petitioner no.2, namely, Buddhu Mukhiya @

                         Buddh Mukhiya is concerned, since                    specific allegation of

                         assaulting the son of the informant with farsa is against him and

                         due to which, the son of the informant sustained grievous injury,

                         this Court is not inclined to grant privilege of anticipatory bail

                         to the petitioner no.2, Buddhu Mukhiya @ Buddh Mukhiya,

                         and, accordingly, the prayer for grant of bail to petitioner no.2,

                         Buddhu Mukhiya @ Buddh Mukhiya is hereby rejected.


                                                     (Ritesh Kumar, J.)

Sanjay/-

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.