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Patna High Court

Jiut MukhiyaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, finding that the case was not suitable for the privilege of bail.

Summary

The petitioner, Jiut Mukhiya, applied for regular bail in a murder case filed under Sections 103(i) and 3(5) of the BNS. He alleged that he was falsely implicated and that the post‑mortem report showed injuries caused by a hard blunt object with no external marks. The State argued that the deceased died from asphyxia and smothering, supporting the murder charge. The petitioner had been in custody since 14‑03‑2025. After hearing both sides, the Court held that the circumstances did not warrant the privilege of bail and consequently rejected the bail application.

Issues considered

  • Whether regular bail can be granted to the accused in a murder case under Sections 103(i) and 3(5) of the BNS.

Legislation cited

  • BNS — s. 103(i), 3(5)

Subjects

  • regular bail
  • murder
  • Section 103(i) BNS
  • Section 3(5) BNS
  • high court
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.64139 of 2025
                 Arising Out of PS. Case No.-59 Year-2025 Thana- GOVINDGANJ District- East Champaran
                 ======================================================
                 Jiut Mukhiya S/o- Kashi Mukhiya R/V- Govindganj Rai Hatta PS-
                 Govindganj Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ansul, Sr. Advocate
                                                 Ms. Sakshi Bhatnagar
                                                 Mr.Anuj Kumar
                 For the State            :      Mr.Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   19-01-2026                          Heard the learned counsel for the parties.

                                    2. This is an application for regular bail on behalf

                   of the petitioner for the offences alleged under Sections 103(i)

                   and 3(5) of the BNS, registered in connection with Govindganj

                   P.S.Case No. 59 of 2025.

                                    3. As per allegation, the petitioner played pivotal

                   role in murdering the deceased who was opposed to the illicit

                   relationship of the petitioner with another lady.

                                    4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been

                   implicated. The post mortem report shows that the cause of

                   injury is hard and blunt substance, but no any external injury
           Patna High Court CR. MISC. No.64139 of 2025(4) dt.19-01-2026
                                                       2/2




                     was found on the dead-body. The petitioner is in custody since

                     14.03.2025.

                                  5. The learned APP for the State has submitted that

                     the deceased was done to death after eight years of her marriage

                     and her dead-body was fond in her matrimonial home.

                     Asphyxia/ mark of smothering was present which corroborates

                     the allegation.

                                  6. In my view, it is not a fit case to grant the privilege

                     of bail to the petitioner. It is accordingly rejected.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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