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Patna High Court

Bhagwan MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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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