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Patna High Court

Ram Babu MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The anticipatory bail application was rejected as the case was not fit for such relief.

Summary

Ram Babu Mukhiya applied for anticipatory bail fearing arrest in a criminal case (PS Case No.30 of 2025) involving alleged assault causing injuries. The prosecution alleged that the petitioner, along with another accused, delivered repeated blows to a child’s head and near the left eye following a minor fight. The petitioner’s counsel argued for bail, but the court examined the seriousness of the allegations and the nature of the offences under sections 115(2), 126(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS. The court held that the case was not suitable for anticipatory bail and therefore rejected the application. It directed that if the petitioner surrenders within four weeks, the matter should be disposed of promptly. Additionally, the court noted procedural irregularities concerning an affidavit sworn by an oath commissioner who had ceased to function and ordered a report on the matter.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged assault and multiple serious offences under the BNS
  • Whether an affidavit sworn by a ceased oath commissioner affects the validity of the proceedings

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • affidavit
  • oath commissioner
  • BNS sections

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.615 of 2026
                 Arising Out of PS. Case No.-30 Year-2025 Thana- BHAIRAVSHTHAN District- Madhubani
                 ======================================================
                 Ram Babu Mukhiya Son of Nathuni Mukhiya Resident of village- Raiyam,
                 Ps- Bhairavsthan, Dist- Madhubani

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baleshwar Kamat, Advocate
                 For the Opposite Party/s :      Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-02-2026                  Heard Mr. Uday Bhanu Rai, learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Bhairavsthan P.S. Case No. 30 of 2025 for

                   the offence under sections 115(2), 126(2), 109, 303(2), 352,

                   351(2) and 3(5) of the BNS lodged on 23.03.2025 by the

                   informant, Kapleshwar Mukhiya.

                                3. As per the prosecution story, the informant

                   alleged that on 25.02.2025 due to a minor fight between

                   children, the elders came in and allegation thereafter is against

                   this petitioner amongst other of having given repeated blows

                   on the head causing injuries.

                                4. Though learned counsel for the petitioner submits
Patna High Court CR. MISC. No.615 of 2026(2) dt.04-02-2026
                                            2/3




          that allegation is against two accused persons, learned APP

          has taken this Court to the order sheet of the learned Sessions

          Judge to show that repeated blow was given causing injuries

          on the scalp as also near the left eye.

                       5. Considering the allegation that has come against

          the petitioner, certainly, this is not a fit case to extend

          anticipatory bail.

                       6. Accordingly, the anticipatory bail application

          stands rejected.

                       7. If, however, the petitioner surrenders within four

          weeks, the concerned Court shall take up the matter and

          dispose it of preferably on the same day.

                       8. While passing the order, this Court has taken note

          of the fact that three Oath Commissioners, namely, Shri Ravi

          Ranjan, Ms. Pratibha Kumari Mishra and Ms. Vandana

          Kumari, ceased to function as Oath Commissioners with

          effect     from      17.12.2025,        17.12.2025   and   18.12.2025

          respectively. The cause list also reflects the names of the

          present Oath Commissioners. However, the affidavit in the

          present case has been sworn on 24.12.2025 through Ms.

          Vandana Kumari.

                       9. Office is directed to report as to why, despite the
          Patna High Court CR. MISC. No.615 of 2026(2) dt.04-02-2026
                                                      3/3




                    aforesaid Oath Commissioner having ceased to function, the

                    defect was not pointed out in the present case and/or that fact

                    was not brought to the appropriate superior authority.

                                 10. List this case under the heading “To Be

                    Mentioned” on 11.02.2026 for perusal of the report.



                                                   (Rajiv Roy, J)
Adnan/-

U


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