Patna High Court
Nitish MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail should not be granted to the petitioner in view of the serious nature of the charges and the specific allegations against him.
Summary
The petitioner, Nitish Mukhiya, applied for bail in a case registered as Raniganj P.S. Case No. 147 of 2024, which alleges his involvement in the murder of his wife under Sections 304(b), 302 and 120(b) of the Indian Penal Code. The prosecution contends that the petitioner, as the husband of the deceased, conspired to kill her because she refused to arrange his marriage with her younger sister. The petitioner claims innocence, asserts that he was not present at the scene, and points to a lack of prior criminal record. The State opposed bail, emphasizing the seriousness of the charges and the petitioner’s personal relationship to the victim, arguing that he must explain the death. Considering the gravity of the offences and the specific allegations, the court declined to grant bail, directing the trial court to expedite the trial and allowing a future bail application if the trial exceeds six months.
Issues considered
- Whether bail should be granted in a case involving murder, culpable homicide, and criminal conspiracy under Sections 302, 304(b) and 120(b) of the IPC.
- Whether the petitioner’s personal relationship to the deceased justifies denial of bail.
- Whether the seriousness of the alleged offences outweighs the presumption of innocence in granting bail.
Legislation cited
- Indian Penal Code — s. 120(b), 302, 304(b)
Subjects
- bail
- murder
- culpable homicide
- criminal conspiracy
- Indian Penal Code
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87895 of 2025
Arising Out of PS. Case No.-147 Year-2024 Thana- RANIGANJ District- Araria
======================================================
Nitish Mukhiya S/o Reshamlal Mukhiya R/o Village - Parihari, Ward No. 1,
P.S - Raniganj, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mrs. Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
For the Opposite Party/s : Mrs. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Raniganj P.S. Case No. 147 of 2024, instituted for the offences
punishable under Sections 304(B), 302, 120(B) of the Indian
Penal Code.
3. The prosecution case, in short, is that niece of the
informant has been done to death by her husband and in-laws
for not solemnising marriage of the petitioner with younger
sister of the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.87895 of 2025(3) dt.23-02-2026
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present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submitted that the
allegation levelled against the petitioner is general and omnibus
in nature. It is next submitted that the petitioner was not present
on the spot at the time of the alleged occurrence. It is further
submitted that the petitioner is husband of the deceased. The
petitioner is in custody since 06.09.2025 and has got no criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner and has submitted
that there is specific allegation levelled against the petitioner of
committing murder of the deceased for not solemnising
marriage of her younger sister with him. Further the petitioner is
husband of the deceased and, therefore, onus lies upon him to
explain the cause of death. Hence, the petitioner does not
deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial. However, if the trial is not concluded within a
period of six months from the date of receipt/production, the
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3/3
petitioner will have liberty to renew his prayer for bail in the
Court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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