Patna High Court
Rajesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the three petitioners, subject to bond, sureties and verification of antecedent.
Summary
The petitioners—Rajesh Mukhiya, Geeta Devi and Kanhaiya Mukhiya—were named in an FIR for alleged assault and other offences arising from a land‑dispute in Yogapatti, West Champaran. The FIR alleged that they assaulted an informant and his son, causing bodily injuries, with an alleged intention to cause death. The petitioners contended that the incident was a "free fight" stemming from the land dispute, that the injuries were simple, and that there was no intention to cause death; they also highlighted clean antecedents for two of them. The State opposed bail, asserting active participation and pointing out other criminal cases involving the petitioners. The court, after considering the nature of the injuries, the lack of a counter‑case, and the petitioners' antecedents, granted bail to all three, subject to a Rs 10,000 bond, two sureties, and a condition that the trial court verify the criminal antecedent of petitioners 2 and 3 within one week.
Issues considered
- Whether the nature and seriousness of the alleged offences justify denial of bail.
- Whether the petitioners had the requisite intention to cause death.
- Whether the trial court should verify the criminal antecedent of petitioners 2 and 3 before accepting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- assault
- intention to cause death
- land dispute
- criminal antecedent
- Indian Penal Code
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28037 of 2026
Arising Out of PS. Case No.-339 Year-2025 Thana- JOGAPATTI District- West Champaran
======================================================
1. Rajesh Mukhiya S/O Late Yugul Mukhiya R/O Nankar Ward No. 15 P.S.-
Yogapatti, District - West champaran
2. Geeta Devi W/O Rampravesh Mukhiya R/O Nankar Ward No. 15 P.S.
Yogapatti, District- West champaran
3. Kanhaiya Mukhiya S/O Ratan Mukhiya R/O Vill.- Fuliyakhad@
Phuliyakhad, Samadhwa, P.S- Bairiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-05-2026 Heard the parties.
2.The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Yogapatti P.S.
Case No. 339 of 2025 registered for the offences punishable
under Sections 126(2), 115(2), 118(1), 76, 351(2), 352,
303(2), 109(1), 3(5) of BNS.
3. As per FIR petitioners alleged to assault
informant and other causing head and bodily injury, where it
is alleged that assault was made with an intention to cause
death. The occurrence alleged to be taken place out of land
Patna High Court CR. MISC. No.28037 of 2026(2) dt.01-05-2026
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dispute.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that occurrence took place in the
background of the land dispute where both parties received
injuries and it was infact free fight but fairly conceded that
no counter case was lodged by the petitioner side for the
occurrence. It is submitted that the nature of injury out of
alleged assault made by petitioner to informant upon medical
examination found simple in nature whereas the allegation to
assault the son of the informant namely, Kameshwar Kumar
is appearing very much general and omnibus against these
petitioners. It is submitted that said Kameshwar Kumar
received one grievous injury i.e., fracture of the base of 4 th
metacarpal bone of finger. It is pointed out that with
aforesaid injuries and manner of assault it can be safely said
that that the petitioners were not under intention to cause
death of the injured/ informant. Explaining criminal
antecedent, it is submitted that petitioner nos. 2 and 3 are
men of clean antecedents and petitioner no. 1 found
involved in one more criminal case where he is on bail.
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5. Learned APP duly assisted by learned counsel
for the informant while opposing the prayer of bail submitted
that petitioners were actively involved during the occurrence
causing head and bodily injuries. It is pointed out by learned
counsel for the informant that as per the impugned order the
petitioner no. 2 and 3 also found involved in one more
criminal case but same has not been mentioned in para no. 3
of the bail petition.
6. In view of aforesaid factual submission and by
taking note of overall nature of accusation and also the
nature of injuries, all above-named three petitioners, in the
event of their arrest or surrender before the court below
within a period of four weeks, are directed to be released on
bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to
the satisfaction of the learned JM 1st Class, Bettiah, West
Champaran /concerned Court, where the case is pending in
connection with Yogapatti P.S. Case No. 339 of 2025,
subject to the conditions as laid down under Section 482(2)
of BNSS, with further condition:-
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(I) Learned trial court must verify the
criminal antecedent of petitioner no. 2 and
3 and if they are found involved in any
criminal case contrary to the averment as
made in para no 3 of the bail petition,
their bail bond shall not be accepted. In
any case aforesaid verification be done
within one week from the date of
receiving of this order.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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