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Patna High Court

Tulasi Kumar Mukhiya @ Tulshi Mukhiya @ Tulsi MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail to Tulsi and Rudal Mukhiya with conditions, but denied anticipatory bail to Umesh Mukhiya.

Summary

The petitioners, Tulsi Kumar Mukhiya, Rudal Mukhiya and Umesh Mukhiya, were implicated in a FIR (PS Yogapatti Case No. 388 of 2025) for multiple offences under sections 126(2), 115(2), 109(1), 351(2), 352, 118(1) and 3(5) of the Bihar Penal Code, arising from a drunken assault. The prosecution alleged that Tulsi and Rudal assaulted the informant with simple injuries, while Umesh inflicted a grievous injury on a person named Bullet. The petitioners sought anticipatory bail under Section 438(2) of the Criminal Procedure Code. The Court noted that the injuries caused by Tulsi and Rudal were simple and that they had no prior criminal record, whereas Umesh's injury was grievous, justifying denial of his bail. Consequently, the Court granted anticipatory bail to Tulsi and Rudal with stringent conditions, and rejected the bail application of Umesh.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners given the nature of injuries alleged and their criminal antecedents
  • Whether the presence of a grievous injury justifies denial of anticipatory bail under Section 438(2) Cr.P.C.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • assault
  • grievous injury
  • simple injury
  • criminal antecedent
  • Bihar Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89937 of 2025
                  Arising Out of PS. Case No.-388 Year-2025 Thana- JOGAPATTI District- West Champaran
                 ======================================================
           1.     Tulasi Kumar Mukhiya @ Tulshi Mukhiya @ Tulsi Mukhiya S/o Late
                  Shankar Mukhiya R/o vill- Ward no 4, Bagahi, PS- Yogapatti, District- West
                  Champaran
           2.    Rudal Mukhiya S/o Late Shankar Mukhiya R/o vill- Ward no 4, Bagahi, PS-
                 Yogapatti, District- West Champaran
           3.    Umesh Mukhiya S/o Late Shankar Mukhiya R/o vill- Ward no 4, Bagahi,
                 PS- Yogapatti, District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Umesh Kumar Gupta, Adv.
                 For the Opposite Party/s :       Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   28-01-2026                        Heard learned Counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Yogapatti P.S. Case No. 388 of 2025 for the offence

                   registered under sections 126(2), 115(2), 109(1), 351(2), 352,

                   118(1), 3(5) of BNS.

                                3. As per the prosecution story, the informant alleged

                   that Rudal Mukhiya in a drunken state came out with a farsa

                   and assaulted the informant, Shivpujan Mukhiya. When his son,

                   Bullet came to rescue, allegation is that Umesh Mukhiya

                   assaulted on the head having sword in his hand. As Dilip Kumar
Patna High Court CR. MISC. No.89937 of 2025(2) dt.28-01-2026
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          came to save him, Tulsi Mukhiya assaulted by iron rod while

          Rudal Mukhiya’s wife, Pratima Devi assaulted the informant’s

          son. They were taken to the Primary Health Center which

          followed the FIR.

                       4. Learned Counsel for the petitioners submit that

          injury reports are part of the petition and the injury report of

          Dilip Kumar and Shivpujan have been found to be simple in

          nature. The role of assault has been assigned to Tulsi Mukhiya

          and Rudal Mukhiya. He, however, concede that so far as the

          injury given by Umesh to Bullet is concerned, it has been found

          to be grievous in nature.

                       5. Learned APP for the State, on the other hand,

          opposes the prayer for anticipatory bail submitting that at least

          one of the injury has been found to be grievous in nature.

                       6. Taking into account the submissions of the parties

          so far as the anticipatory bail application of petitioner no. 3,

          Umesh Mukhiya is concerned, considering the injury given by

          him to Bullet has been found to be grievous, no case is made

          out, his anticipatory bail application stands rejected.

                       7. Regarding petitioner nos. 1 and 2, namely, Tulsi

          Mukhiya and Rudal Mukhiya, though allegation is there, the

          same have been found to be simple in nature, these two
Patna High Court CR. MISC. No.89937 of 2025(2) dt.28-01-2026
                                            3/4




          petitioners have no criminal antecedent, in that background, this

          Court is inclined to grant them the anticipatory bail with

          conditions.

                       8. Let the petitioner nos. 1 and 2, namely, Tulsi

          Mukhiya and Rudal Mukhiya in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the

          order, shall be released on anticipatory bail on furnishing bail of

          Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned Chief Judicial

          Magistrate, Bettiah, West Chamaparan in connection with

          Yogapatti P.S. Case No. 388 of 2025 subject to condition as laid

          down under Section 438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioner nos. 1 and 2, namely, Tulsi

          Mukhiya and Rudal Mukhiya, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID)

          to show his bona fide;

                       (ii) the petitioner nos. 1 and 2, namely, Tulsi Mukhiya

          and Rudal Mukhiya shall appear on each and every date before

          the Trial court and failure to do so for two consecutive dates

          without plausible reason will entail cancellation of his bail bond

          by the Trial court itself;
           Patna High Court CR. MISC. No.89937 of 2025(2) dt.28-01-2026
                                                       4/4




                                  (iii) the petitioner nos. 1 and 2, namely, Tulsi

                     Mukhiya and Rudal Mukhiya shall appear before the concerned

                     police station every month for next six months to mark

                     attendance and at the end of the period, the certificate be

                     submitted to the Court;

                                  (iv) the petitioner nos. 1 and 2, namely, Tulsi Mukhiya

                     and Rudal Mukhiya shall in no way try to induce or promise or

                     threat the witnesses or tamper with the evidences, failing which

                     the State shall be at liberty to take steps for cancellation of the

                     bail bonds;

                                  (v) the petitioner nos. 1 and 2, namely, Tulsi Mukhiya

                     and Rudal Mukhiya shall desist from committing any criminal

                     offence again failing which the State shall be at liberty to take

                     steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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