Patna High Court

Shambhu MukhiyaversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that the petitioner is entitled to anticipatory bail, subject to conditions, because the allegations against him are vague and the injury is simple.

Summary

The petitioner, Shambhu Mukhiya, applied for anticipatory bail fearing arrest in a case (Bihra P.S. Case No. 80 of 2024) involving offences under several sections of the Indian Penal Code. The prosecution alleged that the petitioner and co‑accused attempted to seize land, leading to a scuffle in which a knife blow was inflicted on Kishore Mukhiya. The petitioner contended that the FIR contains only a generic allegation against a co‑accused, that he has a clean record, and that the injury was simple, thus warranting bail. The State opposed the bail, arguing the seriousness of the offences. The court, after considering the submissions, granted anticipatory bail on the condition of furnishing a bail bond of Rs.15,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS, 2023
Whether the FIR specifically implicates the petitioner or merely contains a generic allegation

Legislation cited

Indian Penal Code — s. 307, 323, 324, 325, 34, 341, 379, 384, 504, 506

Subjects

anticipatory bail
bail
Indian Penal Code
Section 482
Criminal Miscellaneous
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88221 of 2025
                         Arising Out of PS. Case No.-80 Year-2024 Thana- BIHRA District- Saharsa
                 ======================================================
                 Shambhu Mukhiya Son of Valeshwar Mukhiya @ Balel Mukhiya @
                 Baleshwar Mukhiya Resident of Village - Kedli, P.S.- Nauhatta, District -
                 Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amarnath Jha, Advocate
                 For the Opposite Party/s :        Ms. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026             Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Bihra P.S. Case No. 80 of 2024 instituted for the offences

                   under Sections 341, 323, 324, 325, 307, 379, 384, 504, 506 &

                   34 of the Indian Penal Code.

                           3.      Prosecution case, in short, is that, on the alleged

                   date and time of occurrence, the petitioner and other co-accused

                   persons armed with lathi-danda and other lethal weapons were

                   trying to unload the bricks with an intention to grab the land of

                   the informant. On protest, scuffle took place between the

                   parties. It is further alleged that this co-accused gave knife blow

                   to the Kishore Mukhiya which hit him beside left ear.
Patna High Court CR. MISC. No.88221 of 2025(2) dt.15-01-2026
                                            2/3




                  4.      Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence as alleged

          against him and has falsely been implicated in the present case.

          Learned counsel for the petitioner submits that general and

          omnibus allegation has been made against the petitioner. From

          perusal of the FIR, it would reveal that there is no specific

          allegation against the petitioner, rather the same is against co-

          accused, Birbal Mukhiya. It is next submitted that even if the

          allegation is taken on its face value, injury of the injured is

          found to be simple in nature. Petitioner is a man of clean

          antecedent. Other co-accused has been granted bail by this

          Court vide order dated 18-09-2024, passed in Cr. Misc. No.

          49644 of 2024.

                  5.      On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the rival submissions made by the

          learned counsel for the parties, let the petitioner above-named,

          in the event of his arrest or surrender before the learned Court

          below within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs.15,000/-

          (Rupees Fifteen Thousand) with two sureties of the like amount

          each to the satisfaction of the learned court below where the
           Patna High Court CR. MISC. No.88221 of 2025(2) dt.15-01-2026
                                                       3/3




                     case is pending/successor court in connection with Bihra P.S.

                     Case No. 80 of 2024, subject to the conditions as laid down

                     under Section 482(2) of the BNSS, 2023.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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