Patna High Court
Sanjay Mukhiya @ Sanjay Kumar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioner subject to his cooperation with the police investigation.
Summary
The petitioner, Sanjay Mukhiya, was accused of theft of jewelry and cash from a villager's house, with the FIR lodged 16 days after the alleged incident. The petitioner claimed a prior enmity with the informant and argued that the delay in filing the FIR was unreasonable. The State opposed anticipatory bail, noting that the petitioner had not cooperated with the investigation after a notice under Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita was issued. The Court considered the delay in the FIR and the alleged lack of cooperation, and decided to grant anticipatory bail on the condition of future cooperation with police. The bail was ordered to be secured with a bond of Rs.10,000 and two sureties, subject to cancellation if the petitioner fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the delay in filing the FIR and alleged non‑cooperation with investigation
- Whether the conditions imposed under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita are sufficient to safeguard the investigation
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 35(3), 482(2)
- Bhartiya Nyaya Sanhita — s. 303(2), 3(5), 351(4), 352
Subjects
- anticipatory bail
- FIR delay
- theft
- co‑operation with investigation
- Section 482
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89259 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
Sanjay Mukhiya @ Sanjay Kumar Mukhiya S/o Mahendra Mukhiya R/o
Village- Narayanpur, Ward No.11, P.S- Bhaptiyahi (Bhaptai Sarai), Dist-
Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun
For the Opposite Party/s : Mr. Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Bhaptai Sarai Police Station Case No. 63 of 2025,
dated 15.03.2025, disclosing offences under Sections
351(4)/352/303(2)/3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 27.02.2025, the informant, along with her
family members, had gone to attend a marriage ceremony
and while she was returning, she saw that the petitioner,
along with other accused persons, were fleeing away with
a small box from her house. The informant tried to stop
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them and raised alarm, but the accused persons succeeded
in fleeing away on motorcycle. The informant, thereafter,
informed her husband and son and also found that two
boxes were missing from her house. The boxes contained
gold and silver jewelry and cash worth of Rs. 1,20,000/-.
It has further been stated that after one day of the
incident, the empty boxes were found lying near Jilla
Dumari. Since, panchayati was being organized due to
which there is delay in giving written application.
4. Learned counsel for the petitioner submits that both the
informant and petitioner are co-villagers having previous
enmity. She next submits that there is inordinate delay in
lodging of the First Information Report inasmuch as the
occurrence has taken place on 27.02.2025, but the FIR
has been lodged after delay of about 16 days on
15.03.2025 without any plausible explanation.
5. On the other hand, learned counsel for the State opposes
the prayer for anticipatory bail and submits that from
perusal of the order passed by learned Sessions Judge,
Supaul, it would be evident that notice under Section 35
(3) of the Bhartiya Nagrik Suraksha Sanhita was issued to
the petitioner for participating in the investigation, but the
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petitioner failed to co-operate in the investigation. The
investigation of his case is at primary stage, the police has
to recover the stolen articles.
6. Regards being had to the submissions made on behalf of
the parties and taking into consideration the fact that there
is delay in lodging First Information Report, I am inclined
to grant the petitioner privilege of anticipatory bail,
subject to the condition that the petitioner shall co-operate
with the police in investigation.
7. It is made clear that if at any stage it appears to the police
that the petitioner is not co-operating in the investigation,
the prosecution shall be at liberty to file petition for
cancellation of bail before this Court.
8. This application is, accordingly, allowed.
9. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount
each to the satisfaction of learned Chief Judicial
Magistrate, Supaul, in connection with Bhaptai Sarai
Police Station Case No. 63 of 2025, subject to the
condition laid down under Section 482 (2) of the Bhartiya
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Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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