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Patna High Court

Ramesh MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bail bond and surety conditions.

Summary

The petitioner, Ramesh Mukhiya, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 137(2), 96 and 3(5) of the B.N.S.S. He claimed a clean record and alleged that the informant falsely implicated him after a personal dispute involving a minor girl he was allegedly trying to marry. The informant’s statement was recorded under Sections 180 and 183 of the B.N.S.S., wherein she did not support the prosecution’s case. The petitioner argued that the FIR was lodged nine days after the alleged incident without a satisfactory explanation, indicating mala‑fides. The State opposed the anticipatory bail. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations and the nature of the offences.
  • Whether the FIR and the statements of the informant indicate a false implication warranting bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • kidnapping
  • B.N.S.S.
  • Criminal Procedure Code
  • bail conditions
  • FIR delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4746 of 2026
                      Arising Out of PS. Case No.-12 Year-2025 Thana- KHIRHAR District- Madhubani
                 ======================================================
                 Ramesh Mukhiya S/O Laxmi Mukhiya @ Laxmi Bind R/o village - Semhali,
                 P.s- Khirhar , District - Madhubani
                                                                   ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     Meera Devi W/O Dilip Mandal R/o village - Borhar, P.S. - Khirhar, District -
                  Madhubani
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagan Deo Yadav, Advocate
                                                  Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-03-2026                   1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 126(2), 115(2), 137(2), 96

                   and 3(5) of the BNS.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant alleges

                   that petitioner kidnapped her minor daughter for marrying on

                   11.02.2025. Further, both were studying in the same coaching centre,

                   accordingly, the informant went to the house of the petitioner when

                   his family members assaulted and ousted her from the house saying

                   that she is falsely implicating the petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the
           Patna High Court CR. MISC. No.4746 of 2026(2) dt.23-03-2026
                                                       2/2




                     informant. It is further submitted that petitioner and the victim were

                     known to each other and the victim has come back and her statement

                     was recorded under Sections 180 and 183 BNSS wherein she has not

                     supported the case of the prosecution. It is next submitted that

                     specific pleading to that effect that has been made at para 10 and 11

                     of the anticipatory bail application. It is also submitted that since

                     informant was aware that petitioner and the victim were in love, as

                     such, the FIR came to be instituted after nine days of the occurrence

                     without any plausible explanation of delay.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, let the petitioner, above-named, in the

                     event of his 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) with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where the

                     case is pending/Successor Court in connection with Khirhar P.S.

                     Case No. 12 of 2025, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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