Patna High Court
Guman Mukhiya @ Guman Kumar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Guman Mukhiya was implicated in a robbery and assault case (Lalitgram PS Case No. 60 of 2024) based solely on the confessional statement of co‑accused Vikaram Kumar Mukhiya. No incriminating material was recovered from Guman Mukhiya and the petition argued that the allegations were false and malicious. The petitioner sought anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the Bihar Negotiable and Security Act, 2023. The Court noted that a similarly situated co‑accused had already been granted anticipatory bail by a coordinate bench of the same High Court. Considering the lack of direct evidence and the precedent, the Court inclined to grant anticipatory bail. The application was allowed, directing that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC/Section 482(2) BNSS, 2023.
Issues considered
- Whether anticipatory bail can be granted when the accusation is based solely on a co‑accused's confessional statement.
- Whether the grant of anticipatory bail to a similarly situated co‑accused is persuasive authority.
- Whether the provisions of Section 438(2) CrPC and Section 482(2) BNSS, 2023 are applicable in the present facts.
Legislation cited
- Bihar Negotiable and Security Act, 2023 — s. 309(4), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- confessional statement
- robbery
- assault
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29377 of 2026
Arising Out of PS. Case No.-60 Year-2024 Thana- Lalitgram District- Supaul
======================================================
Guman Mukhiya @ Guman Kumar Mukhiya son of Suryanarayan Mukhiya
Resident of Vill- Ghataha, Govindpur Ward no.12, P.S- Pratapgranj, Dist-
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhuweneswar Sahu
For the Opposite Party/s : Mr. Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-05-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Lalitgram Police Station Case No. 60 of 2024,
disclosing offences under Sections 309(4) of the BNS, 2023.
3. The prosecution case, in short, is that on
23.12.2024 at about 3:30 P.M., three unknown persons allegedly
assaulted the informant near Quarter Chowk and robbed his
purse, mobile phone, bag containing Ayurvedic goods, cash of
Rs. 3,000/-, and motorcycle bearing registration no. BR50AE-
8807, after which the present case was instituted.
4. Learned Counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.29377 of 2026(2) dt.07-05-2026
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present case. The name of the petitioner has transpired solely on
the basis of the confessional statement of co-accused Vikaram
Kumar Mukhiya made before the police. It is next submitted
that nothing incriminating has been recovered from the
conscious possession of the petitioner and the allegations
levelled in the F.I.R. are false, baseless and malicious. It is
further submitted that the ingredients of the alleged offences are
not attracted against the petitioner. Similarly situated co-accused
person has been granted anticipatory bail by a Co-ordinate
Bench of this Court vide order dated 27.11.2025 passed in Cr.
Misc. No. 77222 of 2025.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
similarly situated co-accused person has been granted
anticipatory bail by a Co-ordinate Bench of this Court, I am
inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, 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 learned Judicial Magistrate, First
Patna High Court CR. MISC. No.29377 of 2026(2) dt.07-05-2026
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Class, Supaul, in connection with Lalitgram Police Station Case
No. 60 of 2024, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
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