Patna High Court
Soman Mukhiya @ Suman MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners are entitled to pre‑arrest bail as they have made out a prima facie case for release.
Summary
The petitioners, three brothers, were accused of plucking mangoes from an informant's orchard and assaulting the informant and his brother during a land‑dispute‑related altercation. They claimed the incident was a spontaneous fight in self‑defence and that the injuries inflicted were simple. The petitioners asserted they had a clean criminal record and that the case involved a counter‑case between the parties. The State opposed the grant of pre‑arrest bail, citing the seriousness of the offences listed under the Bihar Penal Code. The Court, after considering the submissions, found a prima facie case for bail, noting the simple nature of injuries, the self‑defence claim, and the petitioners' clean antecedent. Consequently, the Court ordered that the petitioners be released on pre‑arrest bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to verification of their criminal antecedent and compliance with Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the charges under multiple sections of the Bihar Penal Code.
- Whether the circumstances of a land dispute and alleged self‑defence justify the grant of bail.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Penal Code — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 74
Subjects
- pre‑arrest bail
- self‑defence
- land dispute
- assault
- criminal antecedent
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87663 of 2025
Arising Out of PS. Case No.-194 Year-2025 Thana- MAHISHI District- Saharsa
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1. Soman Mukhiya @ Suman Mukhiya, aged about 28 years (M), S/O
Jageshwar Mukhiya
2. Manoj Mukhiya (M), aged about 24 years, S/O Jageshwar Mukhiya
3. Lakshman Mukhiya aged about 30 years (M), S/O Jageshwar Mukhiya
All residents of Village -Chatariya (Chatriya) Punarwas, Ward No. 02, P.S.-
Mahishi (Jalai O.P.), District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Pawan Kumar, learned counsel appearing
on behalf of the petitioners and Mr. Umeshanand Pandit, learned
APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Mahishi P.S. Case No. 194 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 118(1), 109,
303(2), 74, 352, 351(2), 351(3) and 3(5) of the BNS.
3. As per the allegation made in the FIR, petitioners
along with other co-accused persons were plucking mango from
the mango orchard of the informant without permission and
upon protest, they had assaulted the informant and his brother
Patna High Court CR. MISC. No.87663 of 2025(2) dt.28-01-2026
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causing injury.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. Both the parties,
who are agnate, were involved in dispute with respect to a piece
of land, 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 informant side, without
intention. Injuries sustained by the informant side are found to
be simple in nature as would appear from the impugned order.
There is case and counter case between the parties. Petitioners
have clean antecedent. On these grounds, petitioners seek to be
released on pre-arrest bail.
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 both the parties, who are
agnate, were involved in dispute with respect to a piece of land,
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 informant side, without
intention. Injuries sustained by the informant side have been
Patna High Court CR. MISC. No.87663 of 2025(2) dt.28-01-2026
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opined by the doctor to be simple in nature as would appear
from the impugned order. There is case and counter case
between the parties. 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. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Mahishi P.S. Case
No. 194 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
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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