Patna High Court
Mukesh Dom @ Mukesh RautversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners, subject to specified conditions.
Summary
The petitioners, Mukesh Dom and Munna Malik, who are the maternal-grandfather and brother‑in‑law of a deceased woman, sought anticipatory bail fearing arrest in a case (PS 165/2025) registered under Sections 80(2) and 3(5) of the B.N.S. The FIR was based on an informant’s allegation that the woman had been killed, though the post‑mortem recorded death by hanging. The petitioners asserted they had no role in the death, no criminal antecedent, and that the husband was already in custody. The State opposed the bail, maintaining the allegation of murder. Considering the petitioners’ lack of criminal history, their distant relationship to the deceased, and the cause of death, the Court granted anticipatory bail subject to strict conditions, including surety, cooperation with police, regular court appearances, and non‑interference with witnesses or evidence.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the circumstances
- Whether the petitioners are likely to tamper with evidence or influence witnesses
- Applicability of Sections 80(2) and 3(5) of the B.N.S. to the petitioners
Legislation cited
- B.N.S. — s. 3(5), 80(2)
Subjects
- anticipatory bail
- bail conditions
- Section 80
- Section 3
- B.N.S.
- murder allegation
- investigation cooperation
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29581 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- CHANPATIA District- West Champaran
======================================================
1. Mukesh Dom @ Mukesh Raut S/O Late Jagdish Raut @ Jagdish Dom R/O
Vill.- Chanpatiya, Railway Station Road, Ward No. 11, P.s.- Chanpatiya,
District- West Champaran
2. Munna Malik @ Munna Raut S/O Late Akul Malik @ Late Asharfi Raut @
Late Aklu Malik R/O Vill.- Chanpatiya, Railway Station Road, Ward No. 11,
P.s.- Chanpatiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-05-2026 Heard Mr. Bimlesh Kumar Pandey, learned counsel
for the petitioners and Mr. Jitendra Kumar Singh, learned APP
representing the State.
2. The petitioners are apprehending their arrest in
connection with Chanpatiya P.S. Case No. 165 of 2025
registered for the offence under Sections 80(2) and 3(5) of the
B.N.S., lodged on 24.08.2025 by the informant, Mohan Raut.
3. As per the prosecution story, the informant alleged
he got the information about killing of his daughter. This led to
the F.I.R.
4. Learned counsel for the petitioners submit that they
are maternal-grandfather and brother-in-law (Bhaisur) living
Patna High Court CR. MISC. No.29581 of 2026(2) dt.06-05-2026
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separately having no role to play in the matter, both have no
criminal antecedent. He further took this Court to the learned
Sessions Judge order to show that that the cause of the death has
been recorded as asphyxia due to hanging.
5. Learned APP opposes the prayer submitting that
allegation of killing is there.
6. Considering the submissions put forward by the
parties as also that they are not directly related to the lady, have
no criminal antecedent and the husband is in custody, the cause
of death has stated above, in that background, this Court is
inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners 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) each with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate, First Class, Bettah,
West Champaran, in connection with Chanpatiya P.S. Case No.
165 of 2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
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(ii) the petitioners shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioners 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 petitioners 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;
(v) the petitioners 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)
vinayak/-
U T
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