Patna High Court
Bira Mukhiya @ Bira MukhiaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 238(a), 3(5)
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
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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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