Patna High Court
Ashok MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to bond, surety, and surrender conditions.
Summary
The petitioners, a group of individuals surnamed Mukhiya, sought anticipatory bail fearing arrest in a case registered under several sections of the Indian Penal Code relating to offences such as kidnapping, assault, and rioting. They alleged that the FIR was a retaliatory move in a land dispute, claiming they had a clean antecedent except for a few who had prior cases, and that the informant could not precisely identify the assailants. The State opposed the bail, arguing the seriousness of the offences. The Court examined the nature of the injuries, the credibility of the allegations, and the petitioners' willingness to cooperate with the investigation. It concluded that the petitioners were not likely to abscond and granted anticipatory bail subject to bond and surety conditions under Section 482(2) of the B.N.S.S., with the provision that they surrender within six weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the FIR.
- Whether the allegations constitute offences of such gravity that bail must be denied.
- Whether the petitioners are likely to abscond or tamper with evidence.
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 352
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- land dispute
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37462 of 2026
Arising Out of PS. Case No.-212 Year-2025 Thana- GOPALPUR District- West Champaran
======================================================
1. Ashok Mukhiya Son of Late Ayodhya Mukhiya R/O Village - Satgadahi,
P.S.- Gopalpur, District - West Champaran.
2. Arjun Mukhiya Son of Dharmasundar Mukhiya R/O Village - Patkhauliya,
Ward No. 4, P.S.- Gopalpur, District - West Champaran
3. Jhunnu Mukhiya Son of Dharmasundar Mukhiya R/O Village - Patkhauliya,
Ward No. 4, P.S.- Gopalpur, District - West Champaran
4. Dharmasundar Mukhiya Son of Mukhdev Mukhiya R/O Village -
Patkhauliya, Ward No. 4, P.S.- Gopalpur, District - West Champaran
5. Dhodha Mukhiya Son of Late Madhu Mukhiya R/O Village - Patkhauliya,
Ward No. 4, P.S.- Gopalpur, District - West Champaran
6. Achchhelal Mukhiya Son of Sukhdev Mukhiya R/O Village - Patkhauliya,
Ward No. 4, P.S.- Gopalpur, District - West Champaran
7. Banaras Mukhiya Son of Sakalchani Mukhiya @ Sakalu Mukhiya R/O
Village - Patkhauliya, Ward No. 4, P.S.- Gopalpur, District - West
Champaran
8. Ghuil Mukhiya Son of Sakalchani Mukhiya @ Sakalu Mukhiya R/O Village
- Patkhauliya, Ward No. 4, P.S.- Gopalpur, District - West Champaran
9. Upendra Mukhiya Son of Banaras Mukhiya R/O Village - Patkhauliya, Ward
No. 4, P.S.- Gopalpur, 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. Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 117(2), 118(1), 109(1), 352, 303(2) and 3(5) of the
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B.N.S.
3. Learned counsel for the petitioners submits that
petitioner no.1, 2, 3, 4 and 6 have antecedent of one case and
petitioner no. 5, 7, 8 and 9 are persons with clean antecedent
and the informant alleges that the accused persons including the
petitioners came on 07.12.2025 at 2 P.M. with an intent to take
forceful possession of his homestead land, on objection,
Upendra (petitioner no.9) gave order to kill, thereafter Madan
assaulted him by farsha causing three injuries on head, further
Nagina assaulted by farsha causing injury on index finger and
Upendra assaulted by an iron rod causing injury on his finger
and palm, while Nakchhed assaulted him on his back and right
leg, thereafter Achchelal assaulted his uncle by lathi causing
injury on index finger and Ashok with lathi assaulted Vishal
causing injury on palm, back and neck, further Banaras, Jhunnu
and Tufani assaulted Chandan by lathi causing injury on back
and entire body and Arjun took Rs.2000/- from informant’s
pocket and Nagina threatened not to institute the case.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that in
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backdrop of a land dispute, the occurrence is alleged to have
taken place. It is next submitted that from side of the petitioners,
Gopalpur P.S. Case No.211 of 2025 was instituted against the
informant and his side as such the instant FIR is a counter blast.
It is next submitted that no doubt informant alleges that the
accused persons assaulted him and his family members but then
it is submitted that it does not appear probable that informant
with such precision could have alleged who assaulted whom and
where. It is next submitted that even presuming what has been
alleged is true without admitting then the injuries suffered by
the injured have been opined to be simple in nature as would
manifest from Annexure-3 and 4 to the anticipatory bail
application, except one injury of the informant on finger which
has been opined to be grievous in nature but then it is submitted
that it is not on vital part of the body. It is also submitted that if
privilege of anticipatory bail is granted, the petitioners will not
abscond rather will cooperate in the investigation to prove their
innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
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event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
trial court where the case is pending/successor court in
connection with Gopalpur P.S. Case No.212 of 2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
amit/-
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