Patna High Court
Shivpujan MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied.
Summary
The petitioner, Shivpujan Mukhiya, was arrested in connection with a case alleging kidnapping and rape of a minor, charged under several sections of the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, arguing that the allegations were vague, that he was implicated due to a land dispute, and that the victim’s medical report did not corroborate the charge. The State opposed bail, citing a specific victim statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined the seriousness of the offences, the specificity of the allegations, and the lack of any criminal antecedent. Considering the gravity of the charges and the evidence, the Court refused to grant bail, directing the trial court to expedite the trial and allowing a future bail application if the trial exceeds six months.
Issues considered
- Whether bail should be granted to the petitioner given the nature and gravity of the offences alleged
- Whether the allegations against the petitioner are sufficiently specific to deny bail
- Whether the victim’s statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 justifies denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 127(2), 3(5), 351(2), 352, 64, 74
Subjects
- bail
- kidnapping
- rape
- criminal procedure
- serious offences
- trial expedite
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58992 of 2025
Arising Out of PS. Case No.-68 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Shivpujan Mukhiya S/O Arjun Mukhiya Resident of Village- Usarighat, P.S-
Kusheshwar Ashthan, Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Babita Devi W/O Lalit Mukhiya R/O Village- Bagrasi, P.S- Badgawn, Distt.-
Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
6 23-02-2026 Jointness affidavit filed by learned counsel for the
petitioner is hereby accepted.
2. Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
3. The petitioner seeks bail in connection with
Kusheshwar Ashthan P.S. Case No. 68 of 2025, instituted for the
offences punishable under Sections 64, 126(2), 127(2), 115(2),
74, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
4. The prosecution case, in short, is that the petitioner
along with other co-accused kidnapped the minor daughter of
the informant and have committed rape upon her.
Patna High Court CR. MISC. No.58992 of 2025(6) dt.23-02-2026
2/3
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submitted that the
petitioner has been arrested only on the basis of suspicion. There
is previous land dispute between the parties. It is next submitted
that the allegation levelled against the petitioner is general and
omnibus in nature. It is further submitted that medical report of
the victim does not support the prosecution case. The petitioner
is in custody since 16.03.2025 and has got no criminal
antecedent.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner and has submitted
that there is direct and specific allegation levelled against the
petitioner. It is next submitted that the victim has supported the
prosecution case in her statement recorded under Section 183 of
the Bharatiya Nagarik Suraksha Sanhita, 2023. Hence, the
petitioner does not deserve the privilege of bail.
7. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioner at this
stage.
Patna High Court CR. MISC. No.58992 of 2025(6) dt.23-02-2026
3/3
8. The prayer is rejected. The trial Court is directed to
expedite the Trial. However, if the trial is not concluded within a
period of six months from the date of receipt/production, the
petitioner will have liberty to renew his prayer for bail in the
Court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…