Patna High Court
Bikau MukhiaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the bail application and ordered the petitioner’s release on bail.
Summary
Petitioner Bikau Mukhia applied for regular bail in a case registered under Sections 103, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita concerning the death of the informant's son. The FIR alleges that the petitioner, together with co‑accused Raju Mukhiya, took the victim to the petitioner’s house under the pretext of treatment, after which the body was found in a wheat field. The co‑accused has confessed to the killing and no specific overt act is alleged against the petitioner. The petitioner asserted that he is only a last‑seen suspect, has a clean antecedent, and has been in custody since 21‑11‑2025. The State and the informant opposed bail, but the Court, considering the nature of the accusation, the petitioner’s clean record and the period of custody, granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in the absence of a specific overt act against him.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103, 3(5), 61(2)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- clean antecedent
- co‑accused confession
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6738 of 2026
Arising Out of PS. Case No.-128 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
Bikau Mukhia Son of Late Nagendra Mukhiya Resident of Village - Sonar,
P.S. - Riga, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, A.P.P.
For the Informant : Mr. Pushpendra Kumar Singh,
Smt. Divya Bharti, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Riga P. S. Case No. 128 of 2025 registered for the offences
punishable under Sections 103, 61(2), 3(5) of the Bharatiya
Nyaya Sanhita.
3. As per F.I.R., this petitioner along with co-accused
Raju Mukhiya came at the house of informant and took his son
to the house of this petitioner in the name of treatment and
thereafter, his dead body was found in the wheat field of co-
accused Jhagru Baitha.
4. Learned counsel for the petitioner submits that at
best it is a case of last seen and he has been made accused only
Patna High Court CR. MISC. No.6738 of 2026(2) dt.16-02-2026
2/2
on suspicion. During investigation, co-accused Raju Mukhiya
confessed that he killed the deceased. There is no allegation of
any specific overt act against the petitioner. Petitioner claims
clean antecedent and is in custody since 21.11.2025.
5. However, learned A.P.P. for the State as well as
learned counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional Chief Judicial Magistrate-I, Sitamarhi in
connection with Riga P. S. Case No. 128 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…