Patna High Court
JOKHU MUKHIYAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that no prima facie case exists against the petitioners and therefore they are entitled to bail.
Summary
The petitioners, Jokhu Mukhiya and Bishwakarma Mukhiya, were named in an FIR for alleged assault causing head and bodily injuries in a neighbourhood dispute, charged under several sections of the Bhartiya Nyaya Sanhita, 2023. They contended that the specific allegation of causing head injury pertained only to a co‑accused, Ram Jee Mukhiya, and that the charges against them were vague and unsupported by any prima‑facie evidence. The State opposed their bail application. The court examined the FIR and found that the substantive allegation of assault was directed solely at the co‑accused and not at the petitioners. Consequently, the court concluded that there was no prima‑facie case against the petitioners. It ordered that they be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS. The bail order effectively disposed of the petition.
Issues considered
- Whether the FIR establishes a prima facie case against the petitioners for the offences alleged.
- Whether bail should be granted to the petitioners under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nyaya Sanhita.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 351(2), 352 read with 3(5), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- prima facie case
- assault
- Bhartiya Nyaya Sanhita
- CrPC Section 438
- BNS Section 482
- neighbourhood dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41009 of 2026
Arising Out of PS. Case No.-385 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
1. Jokhu Mukhiya, S/o Late Mohan Mukhiya
2. Bishwakarma Mukhiya @ Bishwakarma Kumar @ Bishwakama Kumar, S/o
Jokhu Mukhiya
Both are resident of Village-Laxmipur Ward No.- 4, Police Station-Nautan,
District-West Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Nautan P.S.
Case No.385 of 2025 registered under Sections 126(2),
115(2), 109, 303(2), 351(2), 352 read with 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).
3. As per FIR, the petitioners along with co-
accused persons were assaulted the informant and others
causing head and bodily injuries, having intention to cause
death of informant/injured, where occurrence arising out of
Patna High Court CR. MISC. No.41009 of 2026(2) dt.01-07-2026
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neighbourhood dispute and differences.
4. It is submitted by learned counsel appearing for
the petitioners that the specific allegation as to cause head
injury is available against one of the co-accused namely,
Ram Jee Mukhiya. It is submitted that the nature of
allegation against the petitioners is appearing very much
general and omnibus and moreover same also not appears
that they have indulged in assault process to informant/other
injured persons. It is submitted that the nature of injuries
even as alleged to be caused by co-accused Ramjee
Mukhiya, who is not the petitioner for the present, upon
medical examination, found simple in nature. Both
petitioners claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as prima facie allegation of physical
assault is not available against these petitioners rather same
is specifically available against co-accused Ramjeet Mukhiya,
who is not the petitioner for the present, accordingly, both
above-named petitioners, in the event of their arrest or
Patna High Court CR. MISC. No.41009 of 2026(2) dt.01-07-2026
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surrender in the court below within a period of four weeks,
are directed to be released on 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
S.D.J.M., Bettiah, West Champaran in connection with
Nautan P.S. Case No.385 of 2025, subject to the conditions
as laid down under Section 438(2) of the CrPC/under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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