Patna High Court
Binod Mukhiya @ Binod MukhiaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, holding that the allegations against him were not sufficiently substantiated to justify continued detention.
Summary
The petitioner, Binod Mukhiya, sought bail in a case registered under Sections 304(B), 302 and 120B of the Indian Penal Code concerning the alleged murder of Raj Kumari Devi. The prosecution alleged that the deceased's husband, Nitish Mukhiya, had threatened to kill her if she did not marry his younger sister, and the petitioner, being the maternal uncle of the husband, was implicated. The petitioner contended that he was innocent, had no criminal antecedents, and was falsely implicated while the primary accused was already in custody. The State opposed the bail application, emphasizing the seriousness of the offences. After hearing both sides, the Court found the allegations against the petitioner to be general and not substantiated, and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted to an accused charged with offences punishable under Sections 304B, 302 and 120B of the IPC.
- Whether the petitioner’s alleged involvement is sufficiently established to deny bail.
Legislation cited
- Indian Penal Code — s. 120B, 302, 304B
Subjects
- bail
- murder
- IPC
- Section 304B
- Section 302
- Section 120B
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89617 of 2025
Arising Out of PS. Case No.-147 Year-2024 Thana- RANIGANJ District- Araria
======================================================
Binod Mukhiya @ Binod Mukhia, S/O Late Jagdish Mukhiya, Resident of
Village- Hingwa, Ward no. 12, Police Station- Bhargama, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Raniganj P.S. Case No. 147 of 2024 registered for the
offence punishable under Sections 304(B), 302, 120B of the
Indian Penal Code.
3. The case of the prosecution, in short, is that Raj
Kumari Devi (deceased) was married to Nitish Mukhiya. It is
alleged that there was dispute between Nitish and the deceased
and Nitish always said to marry the younger sister of the
deceased. If his marriage will not be solemnize with the younger
sister of the deceased then the deceased will be killed.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.89617 of 2025(2) dt.15-01-2026
2/2
committed no offence. He has been falsely implicated in this
case. He is maternal uncle of the husband of the deceased. The
nature of allegation is general and omnibus. The main thrust of
allegation is against the husband and he is already in custody.
Petitioner is having no criminal antecedent and he is languishing
in judicial custody since 07.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate 1st Class, Araria in
connection with Raniganj P.S. Case No. 147 of 2024.
(Ashok Kumar Pandey, J)
lata/-
U T
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