Patna High Court
Bhagwan MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a Rs 10,000 bond, two sureties, and verification of a clean antecedent, under Section 438(2) CrPC and Section 482 B.N.S., 2023.
Summary
Petitioner Bhagwan Mukhiya was arrested in connection with a Bathwariya police case alleging assault causing simple injuries, charged under several sections of the B.N.S., 2023. He claimed a clean antecedent and argued that the matter involved a case and counter‑case between the parties. The State opposed his bail application. The High Court, noting the simplicity of the injuries and the existence of a case‑and‑counter‑case, allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the B.N.S., 2023. The Court also ordered verification of the petitioner’s clean antecedent before accepting the bond and clarified that its observations were limited to the bail application and did not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the charges under the B.N.S., 2023.
- Whether the nature of the injuries (simple) and the existence of a case‑and‑counter‑case justify bail.
- Whether Section 438(2) CrPC and Section 482 B.N.S., 2023 are applicable conditions for bail.
Legislation cited
- B.N.S., 2023 — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- simple injuries
- case and counter case
- clean antecedent
- Section 438 CrPC
- Section 482 B.N.S.
- assault
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38245 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- BATHWARIA District- West Champaran
======================================================
Bhagwan Mukhiya Son of - Narayan Mukhiya Resident of Village - Jamunia,
Ward No 17, PS Bathwariya, District west Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Umesh Kumar Gupta, Advocate
For the State : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends arrest in
connection with Bathwariya P.S. Case No.23 of 2026 registered
for the offence under sections 126(2), 115(2), 118(1), 117(2),
109, 303(2), 352, 351(2) and 3(5) of the B.N.S., 2023.
3. The petitioner is alleged to have assaulted
the victim causing simple injuries.
4. The petitioner claims clean antecedent.
5. It has been submitted by learned counsel for
the petitioner that there is case and counter case between the
parties and the injuries sustained by the injured is simple in
nature.
Patna High Court CR. MISC. No.38245 of 2026(2) dt.17-06-2026
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6. Learned APP for the State has vehemently
opposed the prayer of the petitioner for grant of bail.
7. Considering the fact that the injuries
sustained by the injured is simple in nature and there is case and
counter case between the parties, this application is allowed.
8. Let the petitioner, above named, in the event
of his arrest or surrender before the concerned Court below
within four weeks from today, 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 the learned A.C.J.M.-
II, Bagaha, West Champaran / concerned Court below, in
connection with Bathwariya P.S. Case No.23 of 2026, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
9. At the time of accepting the bail bonds of the
petitioner, the Court below will verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
Patna High Court CR. MISC. No.38245 of 2026(2) dt.17-06-2026
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any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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