Patna High Court
Indal MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied as the seriousness of the charge and the petitioner's criminal antecedents outweighed the delay in prosecution evidence.
Summary
Indal Mukhiya was arrested on 12 August 2024 in connection with the murder of a person, alleged to have held the victim's legs while co‑accused assaulted the victim's son, leading to death. The charge was framed on 25 September 2025, but the prosecution had not examined any witness. The petitioner, represented by Mr. Anuj Kumar, sought bail for the second time, arguing the lack of prosecution evidence and prolonged custody. The State, through Mr. Chandra Bhushan Prasad, opposed bail, highlighting the serious nature of the accusation and the petitioner's extensive criminal record of 14 pending cases. The court, considering the gravity of the offence and the antecedents, rejected the bail application and directed the trial court to expedite the trial.
Issues considered
- Whether bail should be granted in a murder case where the prosecution has not yet examined any witness.
- Whether the petitioner's criminal antecedents and the seriousness of the accusation justify denial of bail.
Subjects
- bail
- murder
- criminal antecedent
- trial delay
- expeditious trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89089 of 2025
Arising Out of PS. Case No.-5 Year-2022 Thana- SANGRAMPUR District- East Champaran
======================================================
Indal Mukhiya S/O Lal Bahadur Mukhiya R/O Vill.- Koirgawa, Bin Toli, P.S.-
Sangrampur, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar
For the Opposite Party/s : Mr.Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This is second attempt for grant of bail on behalf of
petitioner. Earlier, vide order dated 09.05.2025 passed in
Cr.Misc. No. 71083 of 2024, the prayer for bail of petitioner
was rejected.
3. Learned counsel for the petitioner submits that in
this case, charge has already been framed on 25.09.2025, but till
date, not a single witness has been examined on behalf of
prosecution. Petitioner is in custody since 12.08.2024.
4. However, learned A.P.P. for the State vehemently
opposes the prayer for bail and submits that petitioner is named
in the F.I.R. with specific accusation that he was holding the
legs of deceased and co-accused Chandeshwar Mukhiya
assaulted on the chest of son of informant with Khanti, causing
his death. Besides this, petitioner has got criminal antecedent
Patna High Court CR. MISC. No.89089 of 2025(2) dt.12-02-2026
2/2
and he is accused in altogether 14 cases.
5. Considering the nature of accusation and criminal
antecedent, the prayer for bail of petitioner is rejected.
However, the Trial Court is directed to expedite and conclude
the trial expeditiously.
(Prabhat Kumar Singh, J)
anay
U T
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