Patna High Court
Raj Kumar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that, on a prima facie basis and given the clean antecedent and the existence of a case and counter‑case, the petitioners were entitled to pre‑arrest bail.
Summary
The petitioners, three brothers from Basmanpur, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 109, 117(2), 303(2), 352, 351(2) and 3(5) of the B.N.S., alleging they were falsely implicated in an assault on an informant and his family over a pathway dispute. The FIR alleged that the petitioners, along with others, assaulted the informant with lathi‑danda and iron rods, causing injuries and snatching jewellery. The petitioners contended that any injuries were either not caused by them or were incidental in self‑defence, and highlighted their clean antecedent. The State opposed bail, emphasizing the seriousness of the offences. The court, noting the existence of a case‑and‑counter‑case, the claim of self‑defence and the petitioners’ clean record, found a prima facie case for bail and ordered their release on pre‑arrest bail subject to bond conditions.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite being charged under multiple serious offences under the B.N.S.
- Whether the presence of a case and counter‑case and the claim of self‑defence justify granting bail
- Whether the petitioners' clean antecedent influences the bail decision
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- pre‑arrest bail
- criminal procedure
- self‑defence
- assault
- B.N.S.
- clean antecedent
- case and counter‑case
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69688 of 2025
Arising Out of PS. Case No.-189 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Raj Kumar Mukhiya, aged about 34 years (M) son of Mahangu Mukhiya
2. Sunil Mukhiya, aged about 27 years (M) Son of Mahangu Mukhiya
3. Ranjeet Mukhiya, aged about 30 years (M) S/O Mahangu Mukhiya
All are resident of Village- Basmanpur, P.S.- Muffasil, Dist.- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 23-02-2026 Heard Ms. Harsha Shashwat, learned counsel
appearing on behalf of the petitioners and Mr. Md. Mushtaque
Alam, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Muffasil P.S. Case No. 189 of 2025, registered for the
offence punishable under Sections 126(2), 115(2), 109, 117(2),
303(2), 352, 351(2) and 3(5) of the B.N.S.
3. As per the allegation made in the FIR, while the
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informant was returning back to his home on 24.03.2025 at
about 07:00 p.m., petitioners along with other accused persons
had surrounded him and started assaulting by means of lathi-
danda and iron rod causing injury. It is further alleged that when
the family members of the informant came to save him, the
accused persons had assaulted them also and snatched ear-ring
of the mother of the informant.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. It is not specific that
the injury, which the informant had sustained on his head is
attributable either to the petitioners no. 2 or 3. Injury sustained
by the informant on his hand, which is grievous in nature is
attributable to the petitioner no. 1, however, the same is not on
the vital part of the body. There is case and counter case
between the parties. Both the parties were involved in dispute
with respect to a pathway, due to which, an altercation took
place and both the sides entered into fierce fight and in the self-
defence, petitioners may have caused some injury to the persons
of the informant, without intention. Petitioners have clean
antecedent. On these grounds, petitioners seek to be released on
pre-arrest bail.
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5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that there is case and counter
case between the parties. Both the parties were involved in
dispute with respect to a pathway, due to which, an altercation
took place and both the sides entered into fierce fight and in the
self-defence, petitioners may have caused some injury to the
persons of the informant, without intention. Petitioners have
clean antecedent. I am of the opinion that petitioners have,
prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 25,000/-
(Rupees Twenty Five Thousand) each with two sureties of the
like amount each to the satisfaction of learned District Court
where the case is pending, in connection with Muffasil P.S. Case
No. 189 of 2025, subject to the condition as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
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pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
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