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Patna High Court

Bira Mukhiya @ Bira MukhiaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner.

Summary

The petitioner, Bira Mukhiya, was arrested in September 2025 in connection with a case registered under sections 103(1), 238(a) and 3(5) of the Bihar Narcotic Substances Act, 2023, relating to the death of the informant’s brother whose body was found hanging from a tree. The petitioner gave a self‑incriminatory statement admitting that he killed the deceased and sprinkled chemicals over the body. He applied for regular bail before the Patna High Court. The court examined the seriousness of the offence, the confession, and the risk of tampering with evidence. Considering these factors, the court was not inclined to grant bail. Consequently, the bail application was rejected.

Issues considered

  • What is the appropriate discretion of the court in granting regular bail when the accused has made a self‑incriminatory confession?
  • Do the provisions of sections 103(1), 238(a) and 3(5) of the B.N.S., 2023 justify denial of bail?

Legislation cited

Subjects

  • regular bail
  • self‑incrimination
  • confession
  • murder
  • Bihar Narcotic Substances Act
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.5812 of 2026
                     Arising Out of PS. Case No.-239 Year-2025 Thana- GOVINDGANJ District- East
                                                      Champaran
                 ======================================================
                 Bira Mukhiya @ Bira Mukhia S/o Jhabar Mukhiya @ Jhabar Mukhia
                 Resident of Village- Konbarwa, P.S.- Govindganj, District- East Champaran

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Rajesh Kumar, Advocate
                 For the Opposite Party :         Mr. Arun Kumar Pandey, APP
                 For the Informant      :         Ms. Mona Verma, Advocate
                                                  Mr. Chitranjan Kumar, Advocate
                                                  Mr. Rahul Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   26-03-2026                  Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                  2.        This application for grant of regular bail

                   arises out of Govindganj P.S. Case No.239 of 2025 registered

                   for the offence punishable under sections 103(1), 238(a) and

                   3(5) of the B.N.S., 2023.

                                  3.        It is alleged that the brother of the informant,

                   who used to live with his brother-in-law, disappeared and two

                   days later his dead-body was found hanging from a tree.

                                  4.        The    petitioner      is    in    custody       since

                   28.09.2025.

                                  5.        The petitioner has given his self-inculpatory

                   statement that he has killed the deceased and has sprinkled
              Patna High Court CR. MISC. No.5812 of 2026(3) dt.26-03-2026
                                                          2/2




                        chemical over the body of the deceased.

                                        6.      Considering the aforesaid facts, I am not

                        inclined to grant bail to the petitioner. Accordingly, this bail

                        application is rejected.


                                                                   (Sandeep Kumar, J)


pawan/-

U         T


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