Patna High Court
Fulchand Mukhiya @ Fulchand KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to petitioner 1 but granted to petitioner 2 with specified conditions.
Summary
The petitioners sought anticipatory bail in a criminal case (PS Case No. 161 of 2025) filed under Sections 126(2), 115(2), 117(2), 303(2), 110 and 3(5) of the Bharatiya Nyaya Sanhita. Fulchand Mukhiya was alleged to have assaulted the victim with an iron rod, while Reena Devi was alleged to have inflicted a lathi blow. The court refused anticipatory bail to Fulchand, finding the allegations serious enough to merit detention. Conversely, the court granted anticipatory bail to Reena, taking into account her gender and the nature of the alleged act, subject to a bail bond of Rs.10,000 and two sureties. The bail order was conditioned on compliance with Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, 1973.
Issues considered
- Whether anticipatory bail should be granted to petitioner 1 (Fulchand Mukhiya) under the Bharatiya Nyaya Sanhita provisions.
- Whether anticipatory bail should be granted to petitioner 2 (Reena Devi) considering the alleged assault and her status as a woman.
- Application of Section 482 of the BNSS and Section 438(2) of the CrPC in granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 117(2), 126(2), 303(2), 3(5), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 482
- Section 438
- gender considerations
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88405 of 2025
Arising Out of PS. Case No.-161 Year-2025 Thana- JANKINAGAR District- Purnia
======================================================
1. Fulchand Mukhiya @ Fulchand Kumar S/O Late Dewan Mukhiya R/O
Village- Jankinagar Karimandal Tola, Ward No.8, P.S- Jankinagar, Distt.-
Purnea.
2. Reena Devi @ Bina Devi W/O Late Ramesh Mukhiya R/O Village-
Jankinagar Karimandal Tola, Ward No.8, P.S- Jankinagar, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Advocate
For the State : Mr.Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Jankinagar P.S. Case No. 161 of 2025 instituted under
Sections 126(2), 115(2), 117(2), 303(2), 110 and 3(5) of the
Bharatiya Nyaya Sanhita.
3. The petitioner no. 1, namely, Fulchand Mukhiya
@ Fulchand Kumar, is said to have assaulted the victim on his
head with an iron rod.
4. Considering the above, I am not inclined to grant
anticipatory bail to petitioner no. 1.
5. Accordingly, the application stands dismissed with
Patna High Court CR. MISC. No.88405 of 2025(2) dt.15-01-2026
2/2
regard to petitioner no. 1, namely, Fulchand Mukhiya @
Fulchand Kumar.
6. So far as petitioner no. 2, namely, Reena Devi @
Bina Devi is concerned, she is a woman and she is said to have
inflicted lathi blow.
7. Considering the allegation and the fact that the
petitioner no. 2, is a woman, her application for anticipatory
bail is allowed.
8. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner no. 2, above named, be released on bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Purnea in connection with Jankinagar
P.S. Case No. 161 of 2025, subject to the conditions laid down
in Section 482 of the BNSS/ 438(2) of the Code of Criminal
Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…