Patna High Court
Kishundeo MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed anticipatory bail for petitioners Nos.1,2,3 and 5, subject to bail‑bond and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, five brothers named Mukhiya, filed an anticipatory bail application fearing arrest in PS Adapur case No. 333 of 2025, which involved offences under multiple sections of the B.N.S. The fourth petitioner, Kishori Mukhiya, was already arrested, and his bail application was withdrawn. The remaining petitioners argued that only the fourth petitioner faced assault allegations and that the case stemmed from a private dispute without premeditation. The State opposed the anticipatory bail. After hearing both sides, the court granted anticipatory bail to petitioners 1, 2, 3 and 5, subject to a bail bond of Rs.10,000 with two sureties each and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the applicable provisions.
- Whether the allegations against the petitioners justify denial of anticipatory bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 117(1), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- B.N.S. offences
- bail bond
- section 482
- pre‑meditation
- private dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34316 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
1. Kishundeo Mukhiya S/o Late Jagar Nath Mukhiya Resident of Village-
Harkatwa, Police Station- Adapur, District-East Champaran
2. Sikandar Mukhiya S/o Late Jagar Nath Mukhiya Resident of Village-
Harkatwa, Police Station- Adapur, District-East Champaran
3. Bijili Mukhiya S/o Late Jagar Nath Mukhiya Resident of Village- Harkatwa,
Police Station- Adapur, District-East Champaran
4. Kishori Mukhiya So Late Jagar Nath Mukhiya Resident of Village-
Harkatwa, Police Station- Adapur, District-East Champaran
5. Lal Babu Mukhiya S/o Late Jagar Nath Mukhiya Resident of Village-
Harkatwa, Police Station- Adapur, District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. Learned counsel for the petitioners seeks
permission to withdraw this anticipatory bail application with
respect to petitioner No.4 (Kishori Mukhiya), as he has been
arrested.
3. Prayer is allowed.
4. This application is dismissed as withdrawn with
respect to petitioner No.4.
Patna High Court CR. MISC. No.34316 of 2026(2) dt.18-05-2026
2/3
5. The petitioners are apprehending their arrest in a
case in connection with Adapur P.S. Case No. 333 of 2025
registered for the offences punishable under Sections 126(2),
115(2), 117(1), 118(1), 109, 74, 303(2), 351(2), 352 and 3(5) of
the B.N.S.
6. As per the allegation, petitioner No.4 assaulted by
means of a farsa on the waist of the informant, while there is
allegation against co-accused Sunil Mukhiya to have assaulted
by means of sword, due to which finger of leg was severed,
while co-accused Anil Mukhiya assaulted by means of iron rod
and when he fell down, he was assaulted by fists and slaps,
while Anil Mukhiya and Sunil Mukhiya wrapped a rope around
the neck of the informant and started pulling it, while Anil
Mukhiya took mangalsutra worth Rs. 48,000/- from the neck of
the younger sister of the informant.
7. Learned counsel for the petitioners has submitted
that there is no allegation of assault against the petitioner Nos.
1, 2, 3 and 5. It has further been submitted that there is case and
counter case between the parties and the present case is counter-
blast to the case lodged by the petitioners which was on earlier
point of time and in that case also, the case was registered under
Section 109 B.N.S. and other ancillary sections. It has further
Patna High Court CR. MISC. No.34316 of 2026(2) dt.18-05-2026
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been submitted that the parties resorted to free fight among
themselves on a trivial issue and there was no premeditation to
kill. It has lastly been submitted that petitioner No.2 has got no
criminal antecedent while petitioner Nos. 1, 3 and 5 are accused
in one criminal case in which they are on bail.
8. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
9. Heard the parties and perused the record.
10. Considering the facts and circumstances of the
case, let the above named petitioner Nos. 1, 2, 3 and 5, in the
event of their arrest/surrender within a period of six weeks from
today, be enlarged on anticipatory bail on 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 court
concerned, East Champaran at Motihari in connection with
Adapur P.S. Case No. 333 of 2025, subject to conditions as laid
down under section 482(2) of the B.N.S.S.
11. The application stands allowed.
(Praveen Kumar, J)
shivam/-
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