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Patna High Court

Soman Mukhiya @ Suman MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                        3/3




                      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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