Created by Fuzzy Cloud

Patna High Court

Shekhar Mukhiya @ Shekhar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Section 482 of the B.N.S.S.

Summary

The petitioners, Shekhar Mukhiya, Indu Devi and Pramod Yadav, filed an anticipatory bail application fearing arrest in a case registered under multiple offences of the Bhartiya Nyaya Sanhita. The FIR alleged that they assaulted the informant and his son with a lathi, causing simple injuries. The petitioners asserted a clean antecedent and argued that the nature of the injuries was not grave. The State opposed the bail, contending the seriousness of the offences. Considering the modest injury, the petitioners' clean record, and the statutory provision under Section 482 of the B.N.S.S., the Court ordered that they be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, and they must surrender within eight weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482 of the Bhartiya Nyaya Sanhita.
  • Whether the nature of the alleged assault and the petitioners' clean antecedent justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • lathi
  • clean antecedent
  • bail bond
  • Section 482
  • Bhartiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7996 of 2026
                  Arising Out of PS. Case No.-263 Year-2025 Thana- SRINAGAR District- West Champaran
                 ======================================================
           1.     Shekhar Mukhiya @ Shekhar Kumar S/o- Paltan Mukhiya Resident of
                  Village- Baijua ward no 8 PS- Shrinagar, Dist- West Champaran
           2.    Indu Devi W/o- Paltan Mukhiya Resident of Village- Baijua ward no 8 PS-
                 Shrinagar, Dist- West Champaran
           3.    Pramod Yadav s/o- Manager Yadav Resident of Village- Baijua ward no 8
                 PS- Shrinagar, Dist- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeev Kumar Shrivastava
                 For the Opposite Party/s :       Mr.Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 118(1),

                   109, 352, 351(2), 117(2) & 3(5) of the Bhartiya Nyaya Sanhita.

                                3. As per F.I.R., petitioner no. 1 assaulted son of

                   informant with Lathi and petitioner nos. 2 & 3 assaulted

                   informant with Lathi. Injuries are simple in nature. Case and

                   counter case. Petitioners claim clean antecedent.

                                4. Learned A.P.P. for the State has opposed the prayer

                   for anticipatory bail.
           Patna High Court CR. MISC. No.7996 of 2026(2) dt.20-02-2026
                                                       2/2




                                  5. Considering the nature of injury and clean

                     antecedent, in the event of arrest/surrender within a period of

                     eight weeks from today, let the above named petitioners be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Chief Judicial Magistrate, Bettiah, West

                     Champaran in connection with Srinagar P.S. Case No. 263 of

                     2025, subject to condition as laid down under Section 482 of the

                     B.N.S.S., 2023.



                                                       (Prabhat Kumar Singh, J)
anay

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.