Patna High Court
Ramu MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Ramu Mukhiya was arrested on 29 January 2026 in connection with an FIR dated 11 June 2025 alleging assault on an informant and his family with an iron rod, invoking several offences under the Bharatiya Nyay Sanhita, 2023. The petitioner argued that he has a clean criminal record, the injuries were minor, and the FIR was lodged two days after the incident, suggesting false implication. The prosecution opposed bail, citing the seriousness of the charges. The court considered the petitioner’s clean antecedent, the simple nature of the injuries, and the delay in filing the FIR, and decided to grant bail. Bail was conditioned on a Rs.10,000 bond with two sureties, cooperation with the trial, presence in court, and non‑tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the accused under the Bharatiya Nyay Sanhita for the offences alleged, considering the nature of the injuries, the delay in filing the FIR, and the petitioner’s criminal antecedent.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 190, 191(2), 303(2), 76
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyay Sanhita
- criminal antecedent
- injury severity
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21334 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- MAHISHI District- Saharsa
======================================================
Ramu Mukhiya Son of Gopal Mukhiya Resident of Village- Chatariya, Ward
No. 2, P.S.- Maheshi (Jalai O.P.), District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-04-2026 Heard Mr. Subhash Kumar Jha,learned counsel for
the petitioner as well as Mr. Tapeshwar Sharma, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
29.01.2026 in connection with Mahishi P.S. Case No. 193 of
2025, F.I.R. dated 11.06.2025 for the offences punishable under
Sections 190, 191(2), 126(2), 115(2), 118(2), 109, 303(2), 76 of
the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that the
petitioner along with other accused persons assaulted the
informant and his family members by means of iron rod and
lathi.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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implicated in the present case. It appears from the FIR that due
to some petty dispute the present occurrence has taken place.
Although there is specific allegation against the petitioner that
he along with other accused persons assaulted the informant and
his family members but the injury report of the injured persons
suggest that injury inflicted upon them is simple in nature. It
appears from the FIR that date of the occurrence was on
09.06.2025 but the FIR was lodge on 11.06.2025 i.e. after delay
of about two days after thought only to falsely implicate the
petitioner in the present case and the petitioner is in custody
since 29.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and injury inflicted upon injured
persons is simple in nature, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Saharsa in connection with
Mahishi P.S. Case No. 193 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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