Patna High Court
Shekhar Mukhiya @ Shekhar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 482
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
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