Created by Fuzzy Cloud

Patna High Court

Sanjay Mukhiya @ Sanjay Kumar MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.89259 of 2025(2) dt.15-01-2026
                                            2/4




                  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
Patna High Court CR. MISC. No.89259 of 2025(2) dt.15-01-2026
                                            3/4




                  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
            Patna High Court CR. MISC. No.89259 of 2025(2) dt.15-01-2026
                                                        4/4




                              Nagrik Suraksha Sanhita, 2023.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.